Benjamin Edelman v. American Airlines Order of Dismissal 2018-5-30

About this Order

On December 8, 2015, Benjamin Edelman (the Complainant) filed a third-party complaint against American Airlines (American). The Complainant alleges that American violated the Department’s rules by attempting to improperly overcharge him for ticketing changes in violation of the applicable tariffs, failing to provide tariffs and fare calculation information, and failing to respond to his complaint in a timely manner. He contends that American violated 14 CFR §§ 221.100, 259.7 and 399.83. He also contends that American’s actions constitute unfair and deceptive trade practices in violation of 49 U.S.C. § 41712. This order finds that American did not violate 14 CFR §§ 221.100 and 399.83, and its actions did not constitute unfair and deceptive trade practices in violation of 49 U.S.C. § 41712. American did violate 14 CFR 259.7(c) when it failed to respond to complaints submitted by the Complainant in a timely manner; however, there is no indication of a larger pattern or practice of non-responsiveness. Therefore, we will not take enforcement action such as assessing a civil penalty at this time, and this complaint is dismissed.