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April 27, 2010 -
The U.S. Department of Transportation (DOT) today assessed a civil
penalty against Southwest Airlines for violating federal rules regarding
passengers denied boarding (“bumped”) on oversold flights.
Overbooking is not
illegal, and most airlines overbook their scheduled flights to a certain
extent in order to compensate for "no-shows." Passengers are sometimes
left behind or "bumped" as a result.
When an oversale
occurs, the Department of Transportation (DOT) requires airlines to ask
people who aren't in a hurry to give up their seats voluntarily, in
exchange for compensation. Those passengers bumped against their will
are, with a few exceptions, entitled to compensation. |
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“The Department of
Transportation is committed to protecting the rights of airline
passengers,” said U.S. Transportation Secretary Ray LaHood.
“We expect airlines to comply with our rules when they must bump
passengers, and we will take enforcement action when they do not.”
Southwest was
ordered to cease and desist from further violations and assessed a civil
penalty of $200,000. Up to
$20,000 of the penalty may be used by the carrier to develop methods
beyond what DOT requires to provide prominent notice to passengers of
the carrier’s oversales policies and the rights of bumped passengers.
When a flight is
oversold, DOT regulations require airlines to seek volunteers willing to
give up their seats for compensation.
If not enough volunteers can be found and the carrier must bump
passengers involuntarily, the carrier is required to give bumped
passengers a written statement describing their rights and explaining
how it decides who will be bumped from an oversold flight.
In most cases, passengers bumped involuntarily also are entitled
to cash compensation of up to $800.
The DOT Aviation Enforcement Office’s investigation of Southwest’s
compliance with the bumping rule included a review of consumer
complaints sent to the carrier and a site inspection at the
airline’s headquarters during 2009.
The investigation revealed numerous instances in which
Southwest denied boarding to passengers but did not comply with
provisions of the bumping rule.
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