American Airlines - Consent Order 2016-12-12

About this order

In late 2013 and early 2014, Benjamin Edelman, Darren Martin, and Robert Samstein (collectively, the Complainants) filed separate formal complaints against American Airlines, Inc. (American) pursuant to 14 CFR Part 302. While the factual allegations in the complaints differ, each Complainant alleges that American misrepresented carrier-imposed surcharges as “taxes” during the booking process. Pursuant to 14 CFR 302.13, we have consolidated the three proceedings for disposition.

This order finds that by misrepresenting carrier-imposed surcharges as “taxes,” American violated 14 CFR 399.84(a), committed unfair and deceptive trade practices in violation of 49 U.S.C. § 41712, and violated the cease-and-desist provisions of American Airlines, Inc., DOT Order 2013-12-6 (December 11, 2013). This order directs American to cease and desist from further similar violations of the cited rule, statute, and order; assesses a compromise civil penalty of $65,000; and dismisses the complaints filed in these dockets.