Order 2011-6-2 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

On the Second day of June, 2011

US Airways, Inc. Docket OST 2011-0003

Served June 2, 2011

Violations of 49 U.S.C. § 41712 and 

14 CFR 399.84 

CONSENT ORDER

This consent order concerns Internet advertisements by US Airways, Inc., (US Airways) 

that violate the advertising requirements specified in 14 CFR Part 399, as well as 49 

U.S.C. § 41712, which prohibits unfair and deceptive practices. This order directs US 

Airways to cease and desist from future violations of Part 399, and section 41712 and 

assesses the carrier a compromise civil penalty of $45,000. 

Applicable Law

As an air carrier, US Airways is subject to the advertising requirements of Part 399 of the 

Department’s rules. Pursuant to 14 CFR 399.84, advertisements specifying airfares must 

state the full price to be paid by the consumer. Under long-standing enforcement case 

precedent, the Department has allowed taxes and fees collected by carriers and ticket 

agents, such as passenger facility charges and departure taxes, to be stated separately 

from the base fare in advertisements, so long as such taxes and fees are levied by a 

government entity, are not ad valorem in nature, i.e., not assessed as a percentage of the 

fare price, are collected on a per-passenger basis, and their existence and amounts are 

clearly indicated at the first point in the advertisements where a fare is presented so that 
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consumers can immediately determine the full fare to be paid. Violations of section 

399.84 constitute unfair and deceptive practices in violation of 49 U.S.C. § 41712.1

 

In print advertisements, an asterisk or other symbol placed proximate to the advertised 

fare may refer the reader to the bottom of the advertisement where the nature and amount 

of taxes and fees that properly may be stated separately are shown. In Internet advertising 

displays, such taxes and fees may be disclosed through a prominent link placed adjacent 

to the stated fare that notes that taxes and fees are extra. The link must directly take the 

viewer to the bottom of the screen, or to a pop-up or a place on a separate screen, where 

the nature and amount of taxes and fees are prominently and immediately displayed.2

 Facts and Conclusions

For a period of time in early 2011, US Airways’ homepage displayed an advertisement 

stating “Rome, sweet Rome from $659 roundtrip.” An asterisk appeared following the 

fare as well as a second asterisk below the fare next to the statement “Addt’l taxes/fees 

may apply,” without further elaboration. Nowhere on the advertisement itself or 

elsewhere on the homepage on which the advertisement appeared were the nature and 

amount of the additional taxes stated.

3 While the reference to taxes and fees being 

additional was a hyperlink, it did not take the reader directly to an explanation of those 

additional charges. 

By failing to provide adequate notice of taxes and fees that were not included in its 

advertised fares as described above, US Airways violated 14 CFR 399.84 and engaged in 

unfair and deceptive practices and unfair methods of competition in violation of 49 

U.S.C. § 41712. 

 1 See, e.g., Air Jamaica, Ltd., Violations of 49 U.S.C. § 41712 and 14 CFR 399.84, Order 2008-12-25 

(December 30, 2008). On April 20, 2011, the Department issued a rule changing its enforcement policy 

with respect to section 399.84 to require that airlines and ticket agents comply with the rule as written. 

Under this new enforcement policy, which is effective October 24, 2011, airlines and ticket agents must 

include all government taxes and fees in every advertised fare. The Department’s long-standing prohibition 

on omitting carrier- or agent-imposed charges, such as fuel surcharges or convenience fees, from advertised 

fares remains in effect.

2 For example, under current policies, a carrier or ticket agent could advertise a flight in the following 

manner: “$260 + Taxes and Fees” with the phrase “Taxes and Fees” set off as a hyperlink that takes the 

viewer directly to the bottom of the screen or to the place on a separate screen, where the nature and 

amount of taxes and fees are prominently and immediately displayed. See Department notices entitled 

“Disclosure of Air Fare Variations: Web vs. Other Sources, Surcharges that May be Listed Separately in 

Advertisements,” dated November 4, 2004; “Disclosure of Additional Fees, Charges, and Restrictions on 

Air Fares in Advertisements, Including ‘Free’ Airfares,” dated September 4, 2003; and “Prohibition on 

Deceptive Practices in the Marketing of Airfares to the Public Using the Internet,” dated January 18, 2001, 

available at: http:airconsumer.ost.dot.gov/rules/guidance.htm. 

3 The homepage displayed other similar advertisements that followed the same format vis-à-vis disclosure 

of taxes and fees. 
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 Mitigation

In mitigation, US Airways disputes any violation of the Department’s fare advertising 

rules. US Airways asserts that its advertisement included a sufficiently prominent display 

of taxes and fees. In this regard, the carrier points out that the advertisement stated 

“Rome, sweet Rome from $659 roundtrip*” with a statement immediately under it that 

said “*Addt’l taxes/fees apply.” Under long-standing enforcement case precedent, an air 

carrier may disclose taxes and fees through a prominent link which takes the consumer 

directly to a separate screen where the nature and amount of taxes and fees are 

prominently and immediately displayed. US Airways points out that in this case, with a 

single click on the advertisement, consumers could see a landing page with a box of 

sample fares, followed by a description of taxes and fees after scrolling to the bottom of 

the page. According to US Airways, if the carrier created any consumer confusion, it was 

inadvertent on US Airways’ part. US Airways further states that it immediately revised 

its web site (within 24 hours) to address the Department’s concerns, and has fully 

cooperated with the Department in this matter.

 Decision

The Department views compliance with the airline consumer protection requirements 

very seriously. The Office of Aviation Enforcement and Proceedings (Enforcement 

Office) has carefully considered the information provided by US Airways and continues 

to believe that enforcement action is warranted. In particular, we wish to emphasize that, 

in permitting Internet fare advertisers to disclose through a hyperlink the taxes and fees 

that may properly be stated separately from the advertised fare, the Department always 

has required that the hyperlink take the reader directly to the place on the linked screen 

(or pop-up) where the required tax and fee disclosures are made. The Department has 

made clear that it does consumers seeking information on taxes and fees or the full fare 

they will be charged little good to have to be taken to a place on a webpage that requires 

the consumer to search through a screen or to have to scroll down through a screen for 

that important information.4 The Enforcement Office and US Airways have reached a 

settlement of this matter in order to avoid litigation. Without admitting or denying the 

violations described above, US Airways consents to the issuance of this order to cease 

and desist from future violations of 49 U.S.C. § 41712 and 14 CFR 399.84, as well as to 

the assessment of $45,000 in compromise of potential civil penalties otherwise due and 

payable pursuant to 49 U.S.C. § 46301.

This compromise 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 advertising requirements. 

 4 See e.g., Delta Air Lines, Inc., Violations of 49 U.S.C. § 41712 and 14 CFR 399.84, Order 2010-5-30 

(May 28, 2010).
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This order is issued under the authority in 49 CFR 1.57a and 14 CFR 385.15.

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 US Airways, Inc., violated 14 CFR 399.84 by advertising fares that 

failed to state the entire price to be paid;

3. We find that by engaging in the conduct described in paragraph 2 above, US Airways, 

Inc., engaged in unfair and deceptive trade practices and unfair methods of 

competition in violation of 49 U.S.C. § 41712;

4. We order US Airways, Inc., and all other entities owned or controlled by, or under 

common ownership and control with US Airways, Inc., its successors, affiliates, and 

assigns, to cease and desist from further similar violations of 49 U.S.C. § 41712, and

14 CFR 399.84. Failure to comply with this cease and desist provision shall subject 

US Airways, Inc., and its successors and assignees to further enforcement action;

5. We assess US Airways, Inc., $45,000 in compromise of civil penalties that might 

otherwise be assessed for the violations described above, which amount is due and 

payable within 30 days of the date of issuance of this order; and

6. We order US Airways, Inc., to remit the payment ordered in paragraph 6 above, by 

wire transfer through the Federal Reserve Communications System, commonly 

known as "Fed Wire," to the account of the U.S. Treasury in accordance with the

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

ordered shall subject US Airways, Inc., to the assessment of interest, penalty, and 

collection charges under the Debt Collection Act, and to possible additional 

enforcement action for failure 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:

ROSALIND A. KNAPP

Deputy General Counsel

(SEAL)

An electronic version of this document is available at 

www.regulations.gov