HAWAIIAN AIRLINES, INC. – CONSENT ORDER
May 17, 2018
On April 13, 2018, Hawaiian Airlines (Hawaiian) entered into a Consent Order Agreement with DOT concerning alleged violations by Hawaiian of the Department’s disability rule in 14 CFR Part 382 and the Department’s oversales rule in 14 CFR Part 250. It is DOT’s position that violations of Part 382 and section 14 CFR 250.5 constitute a failure to adhere to the carrier’s Customer Service Plan in violation of 14 CFR 259.5, the Air Carrier Access Act (49 USC § 41705), 49 USC § 41702 to the extent the violations occurred in interstate air transportation, and 49 USC § 41310 to the extent the violations occurred in foreign air transportation. The violations also constituted unfair and deceptive practices and unfair methods of competition in violation of 49 U.S.C. § 41712.
In the Order, DOT stated that Hawaiian failed to provide dispositive responses to individuals with disabilities as required by 14 CFR 382.155(d) and failed to properly categorize and report disability-related complaints as is required by 14 CFR 382.157. Additionally, Hawaiian did not pay adequate denied boarding compensation (DBC) to passengers who were involuntarily denied boarding in violation of 14 CFR 250.5, a provision in the Department’s oversales rules.
DOT’s Enforcement Office and Hawaiian have reached a settlement of this matter in order to avoid litigation. Hawaiian consented to the issuance of the Order, to cease and desist from future similar violations, and to the assessment of $125,000 in penalties.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com, 202-659-6622) or Drew Derco (dderco@eckertseamans.com, 202-659-6665).
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