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1991 - October DOT Ord. & Dec. [1] (October, 1991)

handle is hein.usfed/dotod0428 and id is 1 raw text is: Order 91-10-1 UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C. Issued by the Department of Transportation on the 2nd day of October, 1991 SERVED October 2,1991 Midway Airlines, Inc. Consumer Notice Violations CONSENT ORDER This Consent Order results from investigations by the Department's Consumer Affairs Division and Office of Aviation Enforcement and Proceedings (Enforcement Office) of Midway Airlines' consumer notice practices. The order reflects a settlement of the matters disclosed during those investigations. The recent investigations have centered on Midway's compliance with Department consumer notice regulations regarding airline designator code- sharing and contracts of carriage. In this regard, section 399.88 of the Department's rules (14 CFR 399.88) states that it is an unfair or deceptive practice under section 411 of the Federal Aviation Act for airlines sharing a single carrier designator code to fail to provide reasonable and timely notice to consumers of such an arrangement. Under the rule, adequate notice in direct oral communication with a consumer means that the carrier must inform the consumer that the flight will be performed by a carrier other than the carrier whose code is used and must identify the carrier actually providing the service. This notice must be given to the consumer regardless of whether he or she makes a reservation. The investigation revealed noncompliance on the part of Midway. In a recent telephone survey conducted by Department investigators, Midway personnel did not provide any notice to the caller of the code-sharing arrangement during numerous test calls. Numerous other times, the caller was told of the commuter flight only after he or she requested a specific reservation or had booked a reservation.

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