Benjamin Edelman Complaint

1 of 8 BEFORE THE DEPARTMENT OF TRANSPORTATION OFFICE OF AVIATION ENFORCEMENT AND PROCEEDINGS

WASHINGTON, D.C.

---------------------------------------------------- -- ) ) Benjamin Edelman, ) third

- party complainant ) )

v. ) Docket DOT

- OST

- 2013

-

____ ) S.C. Compania Nationala de Transporturi ) Aeriene Romane TAROM S.A. ) )

------------------------------------------------------ )

COMPLAINT OF BENJAMIN E DELMAN Comments with respe ct to this document should be addressed to: Benjamin Edelman 169 Walnut St. Brookline, MA 02445 E

- mail: ben@benedelman.org

Dated: December 16 , 2013Benjamin Edelman Complaint

2 of 8 BEFORE THE DEPARTMENT OF TRANSPORTATION OFFICE OF AVIATION ENFORCEMENT AND PROCEEDINGS

WASHINGTON, D.C.

--------------------------------------------------------------- ) ) Benjamin Edelman, ) thir d

- party complainant ) )

v. ) Docket DOT

- OST

- 2013

-

____ ) S.C. Compania Nationala de Transporturi ) Aeriene Romane TAROM S.A. ) )

--------------------------------------------------------------- )

COMPLAINT OF BENJAMIN EDELMAN

1. This complaint arises out of Tarom mischaracterizing fees as “tax” and thereby failing to comply with applicable DOT requirements.

2. On December 1 3 , 2013, I used the Tarom web site, Tarom.ro, to quote ordinary paid coach travel from New York JFK to Bucharest, Romania

. I found that the Tarom site misrepresented carrier

- imposed surcharge as “tax.”

3. Specifically, Tarom provided the fare quote shown in Exhibits 1

- 3. Tarom quoted a “flight” cost of 265 EUR plus “tax” of 300.70 EUR, for a total of 565 .70 EUR.

4. On information and belief, there is no “tax” of 300.70 EUR on this route. ITA Matrix indicates that there exists a “YQ” surcharge of $255.60, which I believe is impermissibly included in the “tax” section of the fare quote.

5. Tarom’s statement of “tax” is literally false.Benjamin Edelman Complaint

3 of 8 6. The bott om of the fare quote includes an admission that “ The price of your ticket is composed of the air tariff and taxes, fees and charges whi ch are imposed by the airline (fuel/insurance surcharge ) and/or government authorities

. These taxes, fees and charges are either included in the ?FARE?, or shown separately in the ? TAX? box(es) of your ticket. ” The final sentence affirmatively admits th at the Tarom site may list “fees and charges” within “the TAX box” of a ticket or, by all indications, a fare quote

. This

sentence gives an affirmative admission of Tarom’s unlawful inclusion, within the “tax” box, of charges that are not taxes. This sen tence does not serve as disclosure or
disclaimer of the contents of the “tax” box because DOT rules do not allow airlines to

redefine or disclaim the meaning of the word “tax” in this way. Furthermore, the placement of this sentence

– well below the “tax” box, without any reference (such as a footnote marker or asterisk) on or adjacent to the “tax” box, and in a location where most

consumers would overlook it

– is not reasonably or prominently associated with the

statement purportedly clarified.

7. It is unfair and deceptive to characterize a charge as “tax” when it is set by a carrier of its own volition and need not be remitted to any government, airport, or similar authority. Such false statements provide consumers with inaccurate information

as to th e actual cost of their travel.

8. I previously found that the Tarom web site made the same false statement of “tax” in April 2013. I retain appropriate screenshot proof which I can provide upon request. On information and belief, the false statements at iss ue occurred continuously throughout this period. I do not know when these false statements began.

9. I ask that the Department of Transportation:Benjamin Edelman Complaint

4 of 8 (1) Exercise its authority under 49 USC 41712 to open an investigation of

Tarom for having engaged in, and con tinuing to engage in, the unfair

and deceptive practices described above;
(2) Pursuant to such investigation, o rder Tarom to refund to ticket purchasers all monies represent ed to ticket purchasers as “tax ” or
government

- imposed fees, but not actually remit ted to governments; (3) Impose appropriate civil penalties on Tarom ; and (4) Refer this matter to appropriate US and foreign tax collection agencies for investigation of possible tax fraud or other violations of tax law in

non
- payment to governments of mo nies collected as “taxes” or
government

- imposed fees.

Pursuant to Title 18 United States Code Section 1001, I certify that I have not in any manner knowingly and willfully falsified, concealed or failed to disclose any material fact or made any false, fic titious, or fraudulent statement or knowingly used any documents which contain such statements in connection with the preparation, filing or prosecution of the pleading. I understand that an individual who is found to have violated the provisions of 18 U.S .C. section 1001 shall be fined or imprisoned not more than five years, or both

.

Respectfully submitted ,Benjamin Edelman Complaint

5 of 8 /s/ Benjamin EdelmanBenjamin Edelman Complaint

6 of 8 Attachment 1

Attachment 2Benjamin Edelman Complaint

7 of 8 Attachment 3Benjamin Edelman Complaint

8 of 8 Certificate of Service

I h ereby certify that I have, this 1 6 th day of December , 2013 caused a c opy of the foregoing Complaint to be served by electronic mail on the following persons: Daniela Eugenia Chiriac dana.chiriac@tarom.ro Samuel Podberesky, Esq. sam.podberesky@dot.gov

/s/

_____________________ Benj amin Edelm an