2009-9-8 Consent Order (Spirit Airlines, Inc.) - Violations of 14 CFR Part 250, 14 CFR Part 241, 14 CFR 249.20, 14 CFR 382.70, 14 CFR 382.45(d), 14 CFR Part 254, 14 CFR 399.84, Article 17 of the Montreal Convention, 49 U.S.C. § 41712, 49 U.S.C. § 41708, and 49 U.S.C. § 41709

Consent Order 2009-9-8 concerns violations by Spirit Airlines, Inc., (Spirit) of the Department’s oversales rule, 14 CFR Part 250; accounting and reporting requirements, 14 CFR Part 241; record retention requirements, 14 CFR 249.20 and 14 CFR 382.70; consumer information requirements, 14 CFR 382.45(d) and 14 CFR 250.9; full-fare advertising rule, 14 CFR 399.84; Article 17 of the Montreal Convention; and domestic baggage liability rule, 14 CFR Part 254. It also covers other separate Spirit practices, which constitute unfair and deceptive practices and unfair methods of competition in violation of 49 U.S.C. § 41712, including unreasonably delaying baggage settlements and using misleading references to U.S. Department of Transportation (DOT) regulations and non-existent Federal Aviation Administration (FAA) requirements in responding to consumer complaints. Furthermore, Spirit’s failure to retain the records required by the Department and abide by Department’s reporting and information disclosure and retention requirements constitute violations of 49 U.S.C. § 41708 and 49 U.S.C. § 41709, respectively. Many of the violations addressed in this order were uncovered during a March 2008 on-site regulatory compliance inspection at Spirit’s corporate headquarters conducted by staff of the Department’s Office of Aviation and Enforcement (Enforcement Office). The order assesses Spirit a civil penalty of $375,000 and directs the carrier to cease and desist from further similar violations.