Memorandum 

U.S. Deportment of 

Transportation 

Office of the Secretory 

of Transportation 

Subject: Notice of Communication: D~e : Sept24,2014 

From: ~~4V~ Blane Workie, 

Acting Assistant General Counsel 

Office of Aviation Enforcement and Proceedings 

To: Chief, Dockets 

Please place this memorandum in the appropriate fi le and in the Docket. 

Participants 

Attendees to American Bar Association Forum on Air and Space Law 

Alec Bramlett (panelist), American Airlines 

Robert Land (panelist), JetBlue Airways 

Charles Leocha (panelist), Consumer Travel Alliance 

Anita Mosner (moderator), Holland & Knight, LLP 

Louise-Helene Senecal (panelist), Air Canada 

Blane Workie (panelist), DOT's Office of Aviation Enforcement and Proceedings 

Summary of Conversation: 

On September 18,2014, the American Bar Association Forum on Air and Space Law held its 

annual conference in Montreal. This forum featured a seri es of panels to provide updates on a 

variety of topics important to airlines, airports and passengers, including a panel titled " Is the 

Customer Always Right? A Close Look at Trends in Airline Consumer Protection." 

During the panel discussion on consumer rights, the moderator asked two questions that resulted 

in one or more panelists mentioning the Department's NPRM on "Transparency of Airline 

Ancill ary Fees and Other Consumer Protection Issues" (Consumer III NPRM). One question 

concerned how the Department addresses the issue of"mistaken fare." Ms. Workie explained 

that the post purchase price provision and a subsequent guidance document make it clear that if a 

consumer purchased and paid in full for an airline ticket then an airline can't increase the price of 

that air transportation to the consumer even when the fare is a mistake. Ms. Workie 

acknowledged that increasingly mistaken fares are getting posted on frequent-flyer blogs and 
travel deal sites and added that this matter is under consideration as part of the Department's 

Consumer III NPRM. 

A question was also asked regarding whether it is difficult today for consumers to ascertain the 

fees for ancillary services and whether there is a need for the Department to intervene in this 

area. Ms. Workie stated that she could not answer that question as it involves an opinion on an 

open rulemaking. Mr. Bramlett stated that he is not so constrained and expressed his view that 

there is no compelling reason for the Department to regulate in this area as ancillary fees are 

already disclosed to consumers. Mr. Bramlett emphasized that the Department is looking at a 

problem that may have existed in the past but no longer does. Mr. Leocha strongly disagreed 

and stated that consumers can't figure out what fees may apply to their ticket because the airlines 

make it too diffic ult. He stated that if a consumer is fl ying between Los Angles and New York 

there are three airports in the New Y a rk area and five in the LA area. There are 12 airlines that 

the consumer can take, round-trip and one-way, and three classes of service which add up to 

about 6,500 different options for that flight. Mr. Leocha added if a passenger is carrying bags 

then the permutations possible are astronomical as there are variations based on frequent fli er 

status, credit card used, and so on. He concluded that given the sheer number of fees airlines 

charge, he believes that it is impossible for anyone to do the math to determine what airline has 

the best deal and that there is a real need for a DOT rulemaking.