Allegiant Air Order 2018-4-8

This order concerns violations by Allegiant Air, LLC (Allegiant) of the requirements of 14 CFR Part 382 with respect to providing adequate assistance to passengers with disabilities in moving within the terminal, and providing timely 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. This order also concerns violations by Allegiant of the Department’s regulations regarding timely responding to consumer complaints and making prompt refunds to consumers when they are due, 14 CFR 259.7 and 14 CFR Part 374, respectively. Failure to comply with Parts 382 and 374 also violates 14 CFR 259.5, which requires a covered carrier to adhere to a customer service plan that includes a commitment to properly accommodate passengers with disabilities and a commitment to provide prompt refunds when due. Violations of the ACAA and 14 CFR Parts 259, 374, and 382 are unfair and deceptive practices in violation of 49 U.S.C. § 41712.