Order 2013-9-19

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

On the Thirtieth day of September, 2013

Alpha Media Group, LLC,

d/b/a AlphaFlightGuru Docket OST-2013-0004

Served September 30, 2013 

Violations of 49 U.S.C. § 41712

and 14 CFR 399.84(a)

CONSENT ORDER

This consent order concerns Internet advertisements by Alpha Media Group, LLC, d/b/a 

AlphaFlightGuru (AlphaFlightGuru) that failed to comply with the U.S. Department of 

Transportation’s full-fare advertising rule, 14 CFR 399.84(a), and constituted an unfair 

and deceptive practice prohibited by 49 U.S.C. § 41712. It directs AlphaFlightGuru to 

cease and desist from further similar violations of section 399.84(a) and section 41712 

and assesses AlphaFlightGuru a civil penalty of $60,000.

Applicable Law

AlphaFlightGuru is a ticket agent1 and is therefore subject to the advertising requirements 

of Part 399 of the Department’s rules and the prohibition in 49 U.S.C. § 41712 against 

engaging in unfair and deceptive practices. To ensure that consumers are not deceived 

and are given accurate and complete fare information on which to base their air travel 

purchase decisions, 14 CFR 399.84(a) requires that advertisements specifying air fares 

 1 A “ticket agent” is “a person (except an air carrier, a foreign air carrier, or an employee of an air carrier or 

foreign air carrier) that as a principal or agent sells, offers for sale, negotiates for, or holds itself out as 

selling, providing, or arranging for air transportation.” 49 U.S.C. § 40102(a)(45). 
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state the entire price to be paid by the consumer. Although charges included within the 

single total price listed, e.g., government taxes, may be described separately, including 

through links or “pop ups” on websites that display the total price, such descriptions may 

not be false or misleading, may not be displayed as prominently as the total price, may 

not be presented in the same or larger size as the total price, and must provide cost 

information on a per-passenger basis that accurately reflects the cost of the item covered 

by the charge. Violations of section 399.84(a) also constitute violations of section 41712.

Facts and Conclusions

An investigation by the Office of Aviation Enforcement and Proceedings (Enforcement 

Office) found that AlphaFlightGuru advertised airfares without stating the entire price to 

be paid by the consumer. Specifically, AlphaFlightGuru’s website displayed price ranges

for air travel that, instead of showing the entire price to be paid by the consumer, 

included language in a disclaimer stating that taxes and fees were not included.

2 By 

failing to include all taxes and fees in the fares advertised, AlphaFlightGuru violated 14 

CFR 399.84(a) and engaged in an unfair and deceptive practice in violation of 49 U.S.C. 

§ 41712.

Mitigation

In mitigation, AlphaFlightGuru states that to the extent it failed to comply with the 

Department’s full-fare advertising rule, it was entirely unintentional. Further, 

AlphaFlightGuru believes that its conduct did not result in any harm to the traveling 

public. AlphaFlightGuru states that immediately upon being advised of the Department’s 

concerns, it adjusted the fare displays on its website in accordance with the Department’s 

full-fare advertising rule. AlphaFlightGuru also notes that it has not received any 

complaints relating to its fare displays. According to AlphaFlightGuru, its customers 

have always been provided the full price to be paid for their travel upon making an initial 

inquiry and AlphaFlightGuru has never made any attempt whatsoever to mislead them.

Decision

The Enforcement Office has carefully considered the information provided by 

AlphaFlightGuru but continues to believe that enforcement action is warranted. The 

Enforcement Office and AlphaFlightGuru have reached a settlement of this matter in 

order to avoid litigation. Without admitting or denying the violations described above, 

AlphaFlightGuru consents to the issuance of this order to cease and desist from similar 

violations of 49 U.S.C. § 41712 and 14 CFR 399.84(a) and to the assessment of $60,000 

in civil penalties pursuant to 49 U.S.C. § 46301. 

 2 See Additional Guidance on Air Fare/Air Tour Price Advertisements, February 21, 2012, available at 

http://www.dot.gov/individuals/air-consumer/additional-guidance-airfare-and-air-tour-priceadvertisements.
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This assessment is appropriate considering the nature and extent of the violations 

described herein and serves the public interest. It represents a strong deterrent against 

future noncompliance with the Department’s air fare advertising regulations. 

This order is issued under the authority contained in 49 CFR Part 1. 

ACCORDINGLY,

1. Based on the above information, we approve this settlement and the provisions of 

this order as being in the public interest; 

2. We find that Alpha Media Group, LLC, violated 14 CFR 399.84(a) by failing to 

advertise the entire price to be paid by consumers for air travel; 

3. We find that by engaging in the conduct and violations described in ordering 

paragraph 2, above, Alpha Media Group, LLC, engaged in an unfair and deceptive 

trade practice in violation of 49 U.S.C. § 41712; 

4. We order Alpha Media Group, LLC, its successors, its affiliates, its assigns, and all 

other entities owned by, controlled by, or under common ownership and control 

with Alpha Media Group, LLC, its successors, its affiliates, and its assigns to cease 

and desist from further violations of 49 U.S.C. § 41712 and 14 CFR 399.84(a);

5. We assess Alpha Media Group, LLC, $60,000 in civil penalties for the violations 

found in ordering paragraphs 2 and 3 above. Of this total penalty amount, $10,000

shall be due and payable within 30 days of the issuance date of this order; $10,000

shall be due and payable within 60 days of the issuance date of this order; $10,000

shall be due and payable within 90 days of the issuance date of this order; and the 

remaining $30,000 shall become due and payable if, within one year of the issuance 

date of this order, Alpha Media Group, LLC, violates the cease and desist provision 

in ordering paragraph 4, above, or fails to comply with the payment provisions in 

this ordering paragraph, in which case, the entire unpaid portion of the civil penalty 

shall become due and payable immediately;

6. We order Alpha Media Group, LLC, to pay the penalty through Pay.gov to the 

account of the U.S. Treasury. Payments shall be made in accordance with the 

instructions contained in the Attachment to this order. Failure to pay the penalty as 

ordered shall subject Alpha Media Group, LLC, to the assessment of interest, 

penalty, and collection charges under the Debt Collection Act and to further

enforcement action for failing to comply with this order.
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This order will become a final order of the Department 10 days after its service date 

unless a timely petition for review is filed or the Department takes review on its own 

motion.

BY:

SAMUEL PODBERESKY

Assistant General Counsel for

 Aviation Enforcement and Proceedings

An electronic version of this document is available at

www.regulations.gov.