Frontier Airlines, Inc. Consent Order 2017-7-8

About this Order

This consent order concerns violations by Frontier Airlines, Inc., (Frontier) of the requirements of 14 CFR Part 250, the Department’s oversales rule, and violations of 14 CFR Part 382 with respect to providing passengers with disabilities assistance in enplaning and deplaning, preboarding, moving within the terminal, and providing dispositive written responses to written disability-related air travel complaints.  Part 382 implements the Air Carrier Access Act (ACAA), 49 U.S.C. § 41705, and violations of that part also violate the ACAA. To the extent that the ACAA and Part 382 violations occurred in interstate air transportation, the incidents are also violations of 49 U.S.C. § 41702, which requires that air carriers provide safe and adequate interstate air transportation. To the extent the violations occurred in foreign air transportation, the incidents would violate 49 U.S.C. § 41310, which, in part, prohibits air carriers and foreign air carriers from unreasonably discriminating against any person in foreign air transportation.

Further, pursuant to 14 CFR 259.5(b)(6) and (b)(8), a covered carrier must adopt and adhere to a customer service plan which includes a commitment to properly accommodate passengers with disabilities as required by Part 382 and to handle passengers that are denied boarding in the case of oversales with fairness and consistency as required by Part 250. Violations of Parts 250 and 382 constitute violations of the customer service provisions included in Part 259. Violations of the ACAA and 14 CFR Parts 250, 259, and 382, as well as of 49 U.S.C. §§ 41310 and 41702, constitute unfair and deceptive practices in violation of 49 U.S.C. § 41712.

This order directs Frontier to cease and desist from future similar violations of 14 CFR Parts 250, 259, 382 and 49 U.S.C. §§ 41310, 41702, 41705, and 41712 and assesses the carrier $400,000 in civil penalties.