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Enforcement Order

AirTran Airways, Inc. 2010-5-29

This consent order concerns violations by AirTran Airways, Inc., (AirTran Airways) of the full fare advertising requirements specified in 14 CFR 399.84 and the statutory prohibition against unfair and deceptive practices, 49 U.S.C. § 41712. This order directs AirTran Airways to cease and desist from future violations of section 399.84 and section 41712, and assesses the carrier a compromise civil penalty of $20,000.

Delta Air Lines, Inc. 2010-5-30

This consent order concerns violations by Delta Air Lines, Inc., (Delta) of the full fare advertisement requirements specified in 14 CFR Part 399 and 49 U.S.C. § 41712, which prohibit unfair and deceptive practices. This order directs Delta to cease and desist from future violations, and assesses the carrier a compromise civil penalty of $40,000.

Falcon Air Express 2010-5-15

This consent order concerns reporting delinquencies by Falcon Air Express, Inc., (Falcon Air) that constitute violations of 49 U.S.C. § 41708 and the accounting and reporting requirements specified in 14 CFR Part 241. This order directs Falcon Air to cease and desist from future violations, and assesses the carrier a compromise civil penalty of $100,000.

Continental Airlines, Inc. 2010-5-9

This order concerns violations by Continental Airlines, Inc. (Continental) of the requirements of 14 CFR Part 382 (Part 382), with respect to the categorizing and reporting of disability-related complaints that Continental received from passengers. Part 382 implements the Air Carrier Access Act (ACAA), 49 U.S.C. § 41705, and violations of Part 382 also violate the ACAA. This order directs Continental to cease and desist from future similar violations of Part 382 and the ACAA and assesses the carrier $100,000 in civil penalties.

R & M Aviation, Inc 2010-5-1

This consent  order concerns  the unlawful  holding  out of air transportation  by R&M  Aviation, Inc.,  (R&M)  a licensed  direct air carrier, as "AeroCare Medical  Transport System,  Inc." (AeroCare), a name not listed on its Part 298 registration, in violation of 14 CFR 298.36  and 49 U.S.C. 41101. It also concerns unlawful conduct by AeroCare, which merged with R&M in 2009, at the time AeroCare was an indirect air carrier specializing in air ambulance services, but held out air transportation as a direct air carrier, without  the economic authority to do so, in contravention of 49 U.S.C. §§ 41101 and Order 83-1-36. These violations also constituted unfair and deceptive trade practices and unfair methods of competition in violation of 49 U.S.C. § 41712. This consent order directs R&M to cease and desist from such further violations and assesses R&M a compromise civil penalty of $60,000.

Prestige Cruise Holdings, Inc. 2010-4-1

This consent order concerns advertisements by Prestige Cruise Holdings, Inc., through its subsidiaries, Oceania Cruises, Inc., ("Oceania Cruises") and Seven Seas Cruises S. de R.L. d / b / a Regent Seven Seas Cruises ("Regent Cruises") (collectively "Prestige Cruises") that violate the Department's advertising requirements specified in section 399.84 of the Department's regulations (14 CFR 399.84) and constitute unfair and deceptive trade practices and unfair methods of competition in violation of 49 U.S.C. § 41712. This order directs Prestige Cruises to cease and desist from future violations and assesses the company compromise civil penalties of $75,000.

Luxury Air Jets, Inc. 2010-2-17

This consent order concerns violations by Luxury Air Jets, Inc., (LAJ) of 49 U.S.C. § 41101, the Department’s aviation licensing requirements, and 49 U.S.C. § 41712, which prohibits ticket agents and air carriers from engaging in unfair and deceptive trade practices and unfair methods of competition. This order also concerns LAJ’s separate and distinct violation of 14 CFR 399.80, which prohibits certain practices by ticket agents that constitute unfair and deceptive practices and unfair methods of competition. This order directs LAJ to cease and desist from such further violations and assesses LAJ a compromise civil penalty of $40,000.

Southern Sky Air & Tours, LLC d/b/a Myrtle Beach Direct Air & Tours 2010-2-16

This consent order concerns fare displays by Southern Sky Air & Tours, LLC d/b/a Myrtle Beach Direct Air & Tours, (Direct Air) a U.S. Public Charter operator, on its website and in other print and Internet advertisements that failed to comply with the Department’s rule on full fare advertising, 14 CFR 399.84, and therefore constituted an unfair and deceptive practice and unfair method of competition in violation of 14 CFR 380.27 and 49 U.S.C. § 41712. The carrier separately violated 14 CFR 380.27 and 49 U.S.C. § 41712 by failing to provide consumers adequate notice of its policy to charge fees in addition to its advertised fare for checked baggage. This order assesses Direct Air a compromise civil penalty of $35,000 and directs the carrier to cease and desist from further similar violations.

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