The U.S. Department of Transportation s Aviation Consumer Protection Program
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1 The U.S. Department of Transportation s Aviation Consumer Protection Program Presented To: Customer Complaints Conference Georgetown University, Washington, DC December 4, 2009 Norman A. Strickman Director, Aviation Consumer Protection Division Office of Aviation Enforcement and Proceedings Office of the General Counsel U.S. Department of Transportation BOEING is a trademark of Boeing Management Company. Copyright 2006 Boeing. All rights reserved AVICI_Welcome_1
2 2 Office of Aviation Enforcement and Proceedings Staffing & Structure: Aviation Consumer Protection Division Staff of 18 (Analysts/investigators, support) Legal Division Staff of 23 (Attorneys, support) Jurisdiction: Air Transportation Direct (airlines) and Indirect Air Carriers Ticket Agents
3 Aviation Consumer Protection Division Responsibilities 3 The Aviation Consumer Protection Division deals with aviation passenger service issues. We do not handle: Aviation Safety (this is regulated by the Federal Aviation Administration) Aviation Security (this is administered by the Transportation Security Administration)
4 4 Aviation Consumer Protection Division Primary Duties: Assisting airline passengers with complaints and inquiries Educating the public Providing guidance to airlines, Congress, media, academics, foreign governments Monitoring airline service quality Helping to develop rules Assisting the Legal Division in investigating possible violations of aviation consumer rules
5 We Accept Consumer Complaints and Inquiries via Letter, Fax, Phone, TTY, and Web Form 5 We receive complaints about: U.S. and foreign airlines Domestic and international itineraries Scheduled and charter service Passengers record phone complaints in a voic system Complaints can be submitted electronically from our web site Passengers with disabilities: Toll-free telephone hotline and TTY line
6 6 Processing Consumer Complaints All complaints are reviewed by analysts and entered and tracked in a computer database All complaints are referred to the airline for follow-up with the consumer Department of Transportation s follow-up with airlines and complainants is primarily limited to regulated areas Violations of regulations are pursued by aviation enforcement attorneys
7 Air Travel Consumer Report is a monthly publication with statistics on: 7 Delayed and canceled flights Mishandled baggage Oversales Consumer complaints Security complaints reported to TSA Loss, injury or death of pets
8 8 Complaints by Type All Airlines Flight Problems (e.g., canceled/delayed flights) Type CY 2007 CY 2008 CY 2009 (January September) 4,465 (34%) 3,247 (30%) 1,630 (24%) Baggage 2,894 (22%) 2,081 (20%) 1,189 (18%) Customer Service 1,365 (10%) 1,333 (12%) 863 (13%) Reservations & Ticketing 1,495 (11%) 1,404 (13%) 1,065 (16%) Refunds 1,024 (8%) 804 (8%) 534 (8%) Other (e.g., oversales, disability, discrimination, frequent-flyer programs) 1,925 (15%) 1,778 (17%) 1,394 (21%) Total 13,168 (100%) 10,647 (100%) 6,675 (100%)
9 9 Legal Division Enforcement of Economic Regulations Governing Air Carriers and Ticket Agents
10 Enforcement Processes Sources of investigations: Complaints Referrals from FAA or other DOT offices On the Aviation Enforcement office s initiative. Tools: subpoenas, orders for special reports, authority to inspect airline records. Enforcement action: Warning letter Cease-and-Desist Order and/or civil penalty (up to $27,500 per violation). Accomplished via settlement or litigation. 1/1/ /30/2009 ($27M fines assessed) Suspension, revocation, ban from industry 10
11 11 DOT Airline Consumer Protection Initiatives On-site investigations of airlines to evaluate their compliance with consumer rules. Recent enforcement action against carriers. Unrealistic scheduling: continuing investigation of chronic delays at large carriers. Consumer Notice of Proposed Rulemaking Require air carriers to respond to consumer problems. Declare the operation of flights that remain chronically delayed to be an unfair and deceptive practice and an unfair method of competition. Require air carriers to publish delay data on their Web sites. Require air carriers to adopt customer service plans, incorporate these in their contracts of carriage, and audit their adherence to their plans. Require air carriers to adopt contingency plans for lengthy tarmac delays and to incorporate these plans in their contract of carriage.
12 12 Our Goal Fair treatment for air travelers
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