Order Dismissing Formal Complaint of Benjamin Edelman v. TAROM 2014-4-18
About this Order
On December 16, 2013, Benjamin Edelman (Petitioner) filed a third party complaint against SC Compania Naţională de Transporturi Aeriene Române TAROM S.A. (TAROM) alleging that TAROM is engaging in an unfair and deceptive practice by categorizing a carrier-imposed surcharge as a government tax on its website in violation of the Department of Transportation’s (Department) guidance on airfare advertising and in violation of the statutory prohibition against unfair and deceptive practices, 49 U.S.C. § 41712. Petitioner requests that the Department find that TAROM is engaging in an unfair and deceptive practice and order TAROM to refund ticket purchasers all monies represented as “tax” and order TAROM to pay a civil fine. Although not specifically requested in Petitioner’s pleading, we are treating Petitioner’s filing as a formal complaint under 14 CFR 302.404. We are dismissing the complaint for the reasons stated below. This order is being issued under the authority of 14 CFR 302.406(a)(2).