I suggest the following:

http://airconsumer.ost.dot.gov/rules/382SHORT.htm

382.65
(c) Any person believing that a carrier has violated any provision of this part may contact the following office for assistance: Department of Transportation, Aviation Consumer Protection Division, 400 7th Street, SW., Washington, DC 20590, (202) 366-2220.

The EWR attitude is irrelevant to this complaint.