Originally Posted by
Dave Noble
If the passenger had paid the surcharge based on it being called a tax and was now complaining to DOT to get the misrepresented sum refunded, that would be quite different surely
I repeatedly have paid carrier-imposed surcharges that AA staff (and receipts and other documents) mischaracterized as "tax." I
posted the evidence. I asked the DOT to order AA to provide me with refunds. DOT confirmed that AA's practices were unlawful (
consent order) although did not order AA to provide me with a refund. I contacted AA counsel to reiterate my request for a refund. We have not yet reached resolution. I may have to file suit to get the amount at issue.
Notably, in DOT briefing, AA argued that "Having always been told of the total purchase price before the time of sale, [a passenger] cannot assert he was ever deceived by American in purchasing revenue or award transportation." (That's from
AA's April 19, 2013 Answeron pages 8-9.) Dave, do you agree with AA's argument?