Order Dismissing Complaint Against Allegiant Air LLC 2009-12-2

About this Order

On September 30, 2009, Donald L. Pevsner filed a document entitled an enforcement complaint against Allegiant Air, LLC (Allegiant), alleging that the carrier’s advertising practices violated the statutory proscription against unfair and deceptive business practices, 49 U.S.C. § 41712. The complaint does not specifically cite that provision or any other statutory provision, or a specific Department regulation, nor does it specifically cite the Department’s procedural rules in 14 CFR Part 302, which are applicable to formal third-party enforcement complaints. We will nonetheless treat the filing as a formal complaint filed under Part 302 and assume the complainant is referring to the general requirements of section 41712. We have decided to dismiss the complaint on its merits as raising, by inference, matters settled in the Department’s consent order against the carrier, Order 2008-9-18.