Benjamin Edelman

Complaint

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BEFORE THE DEPARTMENT OF TRANSPORTATION

OFFICE OF AVIATION ENFORCEMENT AND PROCEEDINGS

WASHINGTON, D.C.

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Benjamin Edelman, )

 third-party complainant )

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v. ) Docket DOT-OST-2014-____

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Virgin Atlantic )

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COMPLAINT OF BENJAMIN EDELMAN

Comments with respect to this document should be addressed to:

Benjamin Edelman

169 Walnut St.

Brookline, MA 02445

E-mail: ben@benedelman.org

Dated: September 10, 2014
Benjamin Edelman

Complaint

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BEFORE THE DEPARTMENT OF TRANSPORTATION

OFFICE OF AVIATION ENFORCEMENT AND PROCEEDINGS

WASHINGTON, D.C.

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)

Benjamin Edelman, )

 third-party complainant )

)

v. ) Docket DOT-OST-2014-____

)

Virgin Atlantic )

)

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COMPLAINT OF BENJAMIN EDELMAN

1. This complaint arises out of Virgin Atlantic mischaracterizing carrierimposed fees as “tax.”

2. On September 9, 2014, I browed the Virgin Atlantic web site, virginatlantic.com. From the Virgin-Atlantic.com home page, I clicked the Flying Club entry 

on the top navigation bar (at top-right), then clicked “Reward Flights” in the section 

“Spend Miles.” I received the screen shown in Attachment 1.

3. On Attachment 1, Virgin Atlantic describes an “Economy Reward Seat 

Sale” and, further down the page, a “Premium Economy Reward Seat Sale.” Each listing 

gives a city destination (for travel to/from UK), the number of miles required, and the 

“Taxes*” associated with such travel. But the “taxes” quoted exceed any genuine 

government-imposed taxes or airport-imposed fees. Rather, on information and believe, 

the bulk of the specified amount is a carrier-imposed fee.

4. Virgin Atlantic’s statement of “tax” is literally false.
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5. It is unfair and deceptive to characterize a charge as a “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 the actual cost of their travel.

6. Virgin Atlantic may claim that the false statement of “tax” is mitigated by 

the asterisk associated with the label. A reader who finds the explanation is told: “The 

25% reduction in mileage must be booked between September 9, 2014 and September 23, 

2014. Taxes, charges, fees and carrier-imposed surcharges are accurate as of September 

8, 2014 and are subject to change. The exact amount will be advised at the time of 

booking either via our website or contact centre.” The second sentence pertains to the 

charges at issue, but it in no way cures the false statement of “tax.” Specifically, the 

quote only affirms that certain charges are accurate of a certain date. The quote does 

nothing to indicate that an amount presented as “tax” is actually a carrier-imposed fee, 

not an actual “tax” required by any government, airport, or similar authority.

7. Virgin Atlantic may claim that other statements, later in the booking 

process, cure the initial false statement of “tax.” But the standard on-screen text, 

presented within the Virgin-atlantic.com booking process, does not separate the actual 

“tax” from carrier-imposed surcharges, nor does it otherwise affirmatively alert 

consumers that the initial statement of “tax” was false. See Attachment 2, presenting a 

“total price” “including taxes, fees, charges, and carrier imposed surcharges.” Notably,

this label leaves open the possibility that the entire $470.40 is indeed “tax”—as 

Attachment 1 had stated, and as many consumers expect when redeeming frequent flier 

bookings that are widely understood to cover (and historically did cover) all charges
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except bona fide government taxes. While the “fare breakdown” link would take users to 

a screen correctly disclosing the amount of actual tax versus carrier charge, this screen is 

outside the standard booking process. On information and belief few users view it.

8. I ask that the Department of Transportation:

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

Virgin Atlantic for having engaged in, and continuing to engage in, the 

unfair and deceptive practices described above;

(2) Pursuant to such investigation, order Virgin Atlantic to refund to ticket 

purchasers all monies represented to ticket purchasers as “tax” or 

government-imposed fees, but not actually remitted to governments;

(3) Impose appropriate civil penalties on Virgin Atlantic; 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 monies collected as “taxes” or 

government-imposed fees.

Pursuant to Title 18 USC §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, fictitious, 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,

/s/

Benjamin Edelman
Benjamin Edelman

Complaint

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Attachment 1
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Attachment 1 (continued)
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Attachment 2
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Certificate of Service

I hereby certify that I have, this 10th day of September, 2014 caused a copy of the 

foregoing Complaint to be served by electronic mail on the following persons:

Blane Workie blane.workie@dot.gov

Anita M. Mosner anita.mosner@hklaw.com

/s/

_____________________

Benjamin Edelman