Airlines Ignoring DOT Rules Kate Asks, Spirit Responds What Kate's Saying Airlines Ignoring DOT Rules The Huffington Post's Blake Fleetwood reported last week that the Department ofTransportation (DOT) is investigating airlines for ignoring the provisions of the DOT's August 23rd rulemaking that require airlines to "disclose all fees for optional services to consumers through a prominent link on their homepage." The idea of the rule was to help us make apples-to-apples comparisons of actual fare prices between airlines competing for our travel dollars. Is the DOT overreacting to the problem? You be the judge. To test the charge, we went through the reservation drill on American Airlines' web site, taking us to the final page. That was AA's last opportunity to prominently display the other fees we'd encounter. Did they do that? See if you can find it: We couldn't see any display of the fees either. Now look at the blue mouse-print at the very bottom, a link to "optional charges." That's it. Hardly what any reasonable person would define as "prominent." Blake is right-the airlines are ignoring the DOT. The DOT has already fined Orbitz $60,000 for similar transgressions. Orbitz accepted the DOT's judgment and fixed the problems that led to the fine. This comes on the heels of a recent spike in extended tarmac delays. The DOT's Bureau of Transportation Statistics reported 14 tarmac delays of over three hours in June. Clearly, our efforts to put in place airline passenger protections are in danger. FlyersRights will soon be asking you to once again lift your voices to fight this erosion of protections for which we've fought so hard and so long. Kate Asks, Spirit Responds Kate got a Hotline call last Friday from Flyersrights member Melissa, asking for assistance with a problem regarding a Spirit Airlines trip. Melissa and her two children were trying to get to San Jose, Costa Rica, on October 16th, and the trip had become a nightmare. The problems began when Spirit "downsized" their flight from Ft. Lauderdale toSan Jose, replacing the scheduled Airbus 320 with a smaller aircraft-the Airbus 319. The result was denial of boarding to 25 passengers. Since Melissa and her family were among the last to book, they were bumped. Spirit offered accommodation on the next available flight, two days later, or a complete refund. As usual, the refund option was unacceptable, as rebooking on another carrier at that late date would be exponentially more expensive. Melissa elected to take the next flight. Spirit covered their hotel and some meal expenses for the two-day layover. When the family checked in for the new flight, however, they learned that the disaster was not over. Costa Rica's Entry and Exit Requirements demand that travelers provide proof of onward travel at their port of entry. An airline or bus ticket would satisfy that requirement. Unfortunately, Melissa could not provide that proof, so Spirit could not board the family for the flight. Had they done so, they would have been fined by the Costa Rican government and Melissa and her children would have been denied entry into the country. For the rest of the week, Melissa shuttled between hotel and airport, trying to arrange a Spirit flight to San Jose. With expenses and frustration mounting, she called Kate last Friday to ask for help. Good idea, Melissa! Kate put Melissa in touch with Spirit's Senior Manager of Customer Relations, Heather Harvey for resolution of the issue. She also talked to Heather personally, made clear our interest in Melissa's difficulties, and urged Spirit to take care of three passengers whose lives were badly disrupted. We are pleased to report that Spirit did the right thing. They are covering the hotel and meal expenses for Melissa and her family until they can get them to San Jose, and have refunded all baggage fees and the assigned seating fees they charged the family. While the initial trip disruption was undeniably caused by their equipment change decision, other delays were not their direct responsibility. Nevertheless, through Kate's efforts, they stepped up to taking care of these three customers. We applaud their decision. What lessons can we take from this? First, at least on Spirit Airlines, book your flight as early as possible to lessen your chances of being bumped if they elect to provide fewer seats than they've sold. Second, international travel can be tricky, because rules and requirements differ so widely from country to country. Do your homework, so that you're not surprised at the check-in counter or, worse, at the country's port of entry. Finally, be an advocate for yourself. Understand the options and rights available to you when traveling by air, and when you need help, call the FlyersRights Hotline at 866-359-6776!! Join the thousands of passengers we've helped over the last 4 ½ years. What Kate's Saying Kate had a number of radio interviews last week, in addition to a Fox interview that will air soon. NBC Los Angeles-Comments on John Wayne Airport's New Body Scanners http://www.nbclosangeles.com/news/local/TSA-Security-John-Wayne-Airport-Full-Body-Scanners-132164103.html Huffington Post-Column on Our Ongoing e-Cigarette Survey http://www.huffingtonpost.com/kate-hanni/dot-proposes-ecigarette-b_b_1018004.html Follow us on Facebook and Twitter. "The War Is Not Over" Click here to contribute to FlyersRights.org! Donate to the Flyers Rights Education Fund (tax-deductible!) www.flyersrights.org Hotline: (877) 359-3776

10-4-11

Mica Says the TSA Doesn't Work Time to Rethink the TSA What Kate's Saying Rep. Mica Says the TSA Doesn't Work Rep. John Mica, who chairs the House Transportation and Infrastructure Committee and was a key player in the establishment of the Transportation Security Administration, is now as fed up as the rest of us. He has called for the TSA to be reevaluated and reorganized and airport security operations to be privatized. Citing the almost endless litany of TSA fumbles, mistakes, and appalling behavior, Rep. Mica called the TSA a "bureaucratic nightmare" exceeding 7,000 supervisors and 3,526 administrators, each of whom averages over $100,000 a year. He also noted that the TSA is a $9 billion behemoth that has "failed to actually detect any threat in 10 years." The Examiner article in the link above details the many failings of the TSA, and we are well familiar with them. Their headline may be a bit overblown-they say he has called for the agency to be "dismantled." We wish that he had. Still, his demand to Secretary Napolitano, where he expressed "the need for immediate reevaluation and reorganization of the TSA, an agency teetering on the verge of disaster," is encouraging to hear. On the other hand, we cannot support his plan to privatize the TSA. Congressman, you broke it, you fix it. We cannot endorse any solution that bestows virtually unlimited powers on contract personnel. The Constitution of the United States is clear on who can exercise police powers. This is a legitimate government task, and we cannot condone delegating that to non-government agents. FlyersRights will follow his demands' progress and keep you updated. Time to Rethink the TSA A recent article on the Truthout web site articulates the issues regarding the TSA. Truthout is a 501(c)3 U.S. news organization that runs a web site and distributes a daily newsletter. The article is quite long, but it offers an open-eyed examination of today's agency and proposes a path towards a better TSA. Here's a short summary of this very enlightening article, pointed out to us by long-time FlyersRights supporter and staff writer Dan Prall. The TSA Today Shocked by how easily the 9/11 hijackers were able to board their target aircraft, Congress formed TSA two months after that horrifying day. The first 50,000 Transportation Security Officers (TSOs) were rushed through a one-week training course and hustled onto the front line, with very limited capability and almost unlimited power. TSA is organized as a top-down entity, allowing little discretion to the officers and resulting in "well-intended, but outrageous conduct by its agents." TSA is exempt from most civil service laws. Rather, the TSA Administrator had virtually unlimited authority to create the personnel system. Some changes have been made, but nothing has improved their personnel selection system. Personnel problems are a core failing of the agency. Arbitrary rule enforcement, unnecessary indignities to passengers, and luggage item theft are endemic problems. One program enhancement is deployment of Behavior Detection Officers (BDOs). This is in line with the Israeli model of finding the bombers, not the bombs. Thousands of BDOs work in hundreds of airports today, but the program has never been scientifically evaluated. Worse, the BDOs are generally selected from screening officers and are given a scant two weeks of training before deployment. How to Make it Better The Truthout article goes right to the heart of the matter, saying "The essential question is whether TSA officers are security guards or police officers when it comes to the manner in which they lay hands on the bodies and belongings of passengers." TSA must develop officers capable of exercising much greater discretion. How can they do that? Selection Current selection pools are listed by date of application, not by qualification. Local managers must be allowed to pick the most qualified candidates rather than those quickest to apply. Police departments have used the civil service process for decades to establish priority lists of the most qualified candidates. In the current economy, there are millions of highly capable, well-educated people looking for work. The current TSA process is insane. Training Current training consists mostly of standardized, online training applications. Online training is fine for teaching rule-based procedures, but a very poor medium for imparting the nuanced insights officers need to safely exercise discretion and do the right thing instead of what they believe to be the "book" thing. Local managers must be allowed to promote officers and select supervisors from outside the organization, and to improve training for those supervisors and for BDOs. They should consider establishing regional training academies for that purpose. Policy Policies are broad guidelines for the exercise of discretion. Procedures and rules should be designed to support those policies. Absent effective policy, the exercise of critical discretion will fail. The media, and this newsletter, are filled with examples of those failures. With unclear guidance from above, officers essentially establish their own policy in their minds, based on their interpretations and perceptions. Well thought-out policies would allow BDOs to more productively direct their attention to the most suspicious travelers, rather than mindlessly and repetitively asking every single traveler where they are going. The might then actually identify and stop an actual threat, rather than simply offending every loyal American they contact. Even more important, gate screeners would actually be able to use common sense, avoid strip searching grandmothers and five-year-olds, and focus their attention on likely threats. The Right Direction On June 2, 2011, Pistole testified before Congress that "we must ensure that each new step we take strengthens security. Since the vast majority of the 628 million annual air travelers present little to no risk of committing an act of terrorism, we should focus on those who present the greatest risk, thereby improving security and the travel experience for everyone else." In a 2009 overview of the agency, they said they seek to evolve "from a top-down, follow-the-SOP [standard operating procedure] culture to a networked, critically-thinking, initiative-taking, proactive team environment." Yes Mister Administrator, we agree. It's long past time to abandon security theater and move on to security assurance. It's been two years since the TSA expressed the desire to evolve. In that time, positive steps have been tentative and halting. Congress has given TSA the power it needs to reinvent itself, and we strongly urge immediate, forceful action. What Kate's Saying Reuters.com http://blogs.reuters.com/reuters-money/2011/09/15/will-new-consumer-protections-improve-u-s-air-travel/ The Desert Sun Fees raise airline passengers' ire sky-high Event Planner Spain http://www.eventplannerspain.com/news-events-Spain/1375/Three-Hour-Airline-Tarmac-Rule-May-Not-Reduce-Delays-for-US-Business-Travelers-and-Tourists-Does-New-Fine-Simply-Create-a-Hidden-Tax-on-Travel Smartmoney.com Airline Wi-Fi Charges Take Off USA Today via ABC News http://abcnews.go.com/Travel/airlines-revenue-increase-fees/story?id=14559471 Remember, for the very latest in airline passenger rights news, Facebook users can "like" the FlyersRights Fan Page. Also, please check in on our Flyers Rights Education Fund Cause Page.

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FlyersRights Needs Your Help! 9-29-11

Click here to contribute to FlyersRights.org! www.flyersrights.org Houston, We Had a Web Problem As so many of you know, we had a fatal problem with the Flyers Rights Education Fund links in yesterday's mailing. We sincerely apologize for the inconvenience and regret that the internet gremlins picked yesterdays message to attack us. The links are now working! Please, all of you who so graciously tried to donate to Flyers Rights Education Fund yesterday, try the link above or any of those in the message below! Those of you who use your bank's Bill Pay feature can also send one time, or, better yet, recurring donations to us. You'll have automatic documentation for your tax write-off, and every dollar will go to FlyersRights because we won't have to pay the PayPal administrative fee. Here's the info: FlyersRights Education Fund 159 Silverado Springs Drive Napa, Ca 94558 (707) 337-0328 We will, of course, also send you a thank you letter. Again, we sincerely apologize for the error and thank you all for your support! Every now and again, we ask you for financial help because unusual financial situations have arisen. Your generosity has been very helpful in keeping us afloat. The fact is, though, that Kate and her family have carried us through crisis after crisis when your help was simply not enough. That has actually been the case more often than not, and they have poured tens of thousands of dollars into FlyersRights. The problem, loyal FlyersRights supporters, is that Kate and Tim will not be able to do that anymore. They have sacrificed so deeply for our airline passenger rights that they are now facing loss of their home. They have chosen to go public with this tragedy because they are now immersed in the indescribable nightmare facing so many hardworking Americans. The banks won't even talk to people in trouble until those people have defaulted on their loans, shattered hard-earned credit ratings, and placed themselves in absolutely desperate circumstances. Kate and Tim have done that, and still Bank of America is subjecting them to the same bureaucratic runaround millions of Americans have had to deal with over the last few years. Take a few minutes to read the AOL story: http://realestate.aol.com/blog/2011/09/08/mortgage-mod-hell-trapped-between-lenders-collectors/ Make no mistake. This problem is not diverting Kate from her focus and passion of the last four years. The injustice of the loan system in no way diminishes her commitment to our cause. A while back, San Francisco Chronicle writer George Raine published "One Woman's Fight or Flight Response," an article that explains exactly why FlyersRights exists and vividly illustrates the determination and tenacity Kate has brought to this fight, and shares insights that help you understand her devotion to the cause of airline passenger rights . http://www.aolnews.com/2009/12/22/once-stranded-passenger-fighting-for-fliers-rights/ We need your help, and we need it now. The usual quarterly "perfect storm" of expenses will hit shortly, but more than that, we need to remove all financial burden from Kate and Tim's lives. Kate is the founder, driving force, and inspiration for FlyersRights, and we owe her everything we can give. In this time of crisis, we have a new donation vehicle. The Flyers Rights Education Fund is our 501(c)3 arm, providing the education and passenger support activities that are such a big part of what we do for our 33,000 members. By donating to the Flyers Rights Education Fund, you not only assure those services' continuation, but you receive a write-off for your next tax return! The more you donate, the more you can write off. You can also send checks to either FlyersRights.org or Flyers Rights Education Fund at 159 Silverado Springs Drive Napa, CA 94558 In 2007, Kate and a group of FlyersRights volunteers brought the issue of airline passenger rights into the national spotlight with an event they called the Strand-In. On the National Mall in Washington, DC, they constructed an aircraft cabin and invited the press and members of Congress to experience a tarmac stranding. Remember, Kate has been your very public voice for over four years. Here's a sampler of her appearances: Kate Hanni Media Sampler Keep Kate in the public eye with contributions to FlyersRights or the Flyers Rights Education Fund. Here's another great appearance, this time on Geraldo's show: Kate Hanni - Geraldo.wmv Help Kate make appearances on national news shows with contributions toFlyersRights or the Flyers Rights Education Fund. She stands with our Congressional champions, such as Rep. Mike Thompson, to advance our cause. In this video, she publicizes the research and reporting we do to produce our annual Airline Report Card: Kate_Hanni_flyers_rights_report_card_2011-02-15v2.mov Assure that Kate is walking the halls of Congress for us with contributions toFlyersRights or the Flyers Rights Education Fund. Beyond her hundreds of TV appearances, Kate talks to countless radio and print media reporters every week, with a body of interviews now numbering over 4,000. Here's a sampler of recent interviews: Canada.com http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/07/31/BUIFR9TN22.DTL USA Today http://www.usatoday.com/money/industries/travel/story/2011-09-19/Airlines-see-revenue-increase-from-fees/50469608/1 Huffington Post Blog Spot http://www.huffingtonpost.com/kate-hanni/the-big-flaw-in-airport-s_b_968916.html http://www.huffingtonpost.com/kate-hanni/spirit-airlines-hits-new-_b_961280.html SmartMoney.com How to Get More Respect on an Airline Friends, Kate has been there for us, and now we need to be there for her. Your generous donations, either to FlyersRights.org (non-tax-deductible) or to theFlyers Rights Education Fund (tax-deductible), will lift this financial burden from Kate and her family and help us return the dedication she has shown to us over the last four years. Please, do what you can, and do it now. Monthly subscriptions are a great help to us, because they provide predictable income, but your one-time donation will be a wonderful contribution to this effort. Finally, to the hundreds of you who responded to our urgent call to action on the DOT's ancillary baggage fee Notice of Proposed Rulemaking, THANK YOU. We are, by far, the largest responding group on this issue, and the DOT will hear us.

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Profiling Gone Wrong 9-20-2011

Changing Tone of TSA FlyersRights Helps with EU Claim What Kate's Saying Correction Profiling Gone Wrong By now, many of you have seen the story of Shoshana Hebshi, a Jewish-Arab American, who was taken off a flight at Detroit's Metro Airport on 9/11. The link is her blog post about the incident, and most news outlets reported it as well, including MSNBC. In short, a nervous 9/11 traveler on board reported her seatmates, not her, as suspiciousbecause of frequent lavatory trips during the flight. On landing, the aircraft was parked in a remote spot and armed authorities boarded, removing the two men in question and Shoshana, who had nothing to do with either of the men. She was cuffed, questioned, strip searched, and detained for four hours. Every passenger on the flight was questioned. We're not going to address the obvious outrage of this incident. Instead, let's talk about its implications. How could this have happened? If, as the TSA insists, their checkpoint procedures are effective, then why did an airport's security apparatus and the FBI react so forcefully? If they are not (and they're not), then it is time to change the procedures, now! FlyersRights advocates finding the bombers, not the bombs. The time to do that is not at the end of a flight, but before the aircraft leaves the ground. Profiling that identifies potential bombers-profiling that has nothing to do with ethnicity-must be a part of the defense, not a random, knee-jerk reaction to unsubstantiated allegations. The unfortunate victims on this flight were guilty of nothing more than Flying While Brown. Since 9/11, ignorance and misguided paranoia have combined to inspire senseless hate crimes all over America against people who wish only the same peace and safety all Americans desire. This was not a hate crime, but another manifestation of the unreasoned fear that has infected this country since that fateful day. Shoshana's ordeal illustrates the fundamental failing of current air travel security measures-they rely on procedures that trample the Constitution. Unlimited power is routinely bestowed on people of limited capability. This incident was triggered, not by the TSA, but by local airport security personnel. An entire airplane load of people was needlessly detained, and three innocent people were subjected to unconscionable indignities and humiliation. If any of us are swept up by these people with unlimited power, there is nothing we can do. We have no protection whatsoever from the same jail cell and strip search that Shoshana endured. Do you think "it can't happen to me?" According to the MSNBC article, there were 50 similar incidents across the country on 9/11/11. We can only fix this problem by implementing real security and eliminating Security Theater. Read on. Changing Tone of TSA FlyersRights has been in the forefront of protest against the current security measures implemented by the Transportation Security Administration (TSA). Of course we want secure air travel, but we demand measures that are effective, safe, constitutional, and consistently applied. Current procedures miss the mark 6 Year Old Girl Groped By TSA But the tone at TSA is changing, if slowly and in halting steps. Last week, they announced that child screening procedures will change "soon." Another word to describe this would be "mostly." Children under 13 will not be routinely required to remove their shoes, and will not be subjected to intrusive pat downs that touch private areas of their bodies. However, DHS Secretary Napolitano said that some children will still need to remove their shoes to keep the process somewhat random. Pat downs will be replaced by marching the kids through metal detectors or body scanners several times "to capture a clear picture" and by using more trace detection tools. No mention is made of "mostly" with regard to pat down replacement, and FlyersRights sincerely hopes that TSA will not randomly touch our children in areas we all teach them to never, ever let anyone touch them. Each intrusive child groping is a victory for the terrorists. As Kate told CheapFlights.com, better late than never. Beyond this change, we've already reported on changes such as the coming "Trusted Traveler" programs and a pilot program to find the bombers, not the bombs. In addition, in spite of EPIC attempts to stop further body scanner deployments, TSA is procuring another 300 of the Advanced Imaging Technology (AIT) machines. However, these machines use millimeter wave technology, not the much more dangerous X-Ray technology of Rapiscan's machines. TSA is also installing new software on the millimeter wave machines (but possibly not the X-Ray machines) that eliminates what they delicately call "passenger-specific images" (meaning electronic strip search) with a cartoon-like image. FlyersRights supports TSA efforts to return some sanity to our air travel experience; however, these programs are either pilots or have extended roll-out schedules. We have a number of questions. If a new procedure is a good idea, why not just do it? Why are extended roll-out schedules necessary? A year ago, TSA insisted the X-Ray machines were far and away the best AIT technology, yet their new machines will be millimeter wave, despite evidence that the whole body scanner idea is ineffective. If X-Ray machines are not absolutely necessary, why not replace them with millimeter wave machines sporting the cartoon images? The video above and Shoshana Hebshi's nightmare vividly illustrate the need for change, and FlyersRights will remain in the forefront of the fight for that change. FlyersRights Helps with EU Claim FlyersRights member Ruth S. and her husband had a bad air travel experience during their recent trip to Europe. For two consecutive days, their flight from Amsterdam to Delta was cancelled. Unfamiliar with European Union (EU) airline passenger protections, Ruth turned to our Hotline (877-359-6776)-always a good idea. Our Hotline staff explained that under EU rules, passengers are entitled to compensation for cancelled flights. See article 7 of the document. They also included pointers on how to file complaints with the EU, either on their own or through euclaim.com, which takes a percentage of the claim and handles the paperwork. Ruth and her husband were awarded four payments from Delta. Unfortunately, the next step in this process is to extract the payments from the U.S. Airline, which may not be easy. U.S. airlines are frequently less than cooperative in this regard. Our Hotline folks advised Ruth to get in touch with our very responsive contact at Delta, their Director of Customer Service. We'll follow through on this matter until Ruth and her husband's problem is resolved. What Kate's Saying This week we're introducing a new feature to our newsletter. What Kate's Saying will provide you a summary of Kate's weekly interviews and media appearances, just to keep you up to date on how she's representing us in the most public of forums. CNN-Power to the Passengers http://www.cnn.com/video/#/video/bestoftv/2011/08/23/exp.nn.passenger.rights.hln?iref=videosearch Canada.com Will new consumer protections improve U.S. air travel? USA Today Mica 'willing to compromise' on FAA extension Baruch College Privacy comes first For the very latest in airline passenger rights news, Facebook users can "like" theFlyersRights Fan Page. Also, please check in on our Flyers Rights Education Fund Cause Page. Twitter fans can also follow us on Twitter Correction We need to correct a comment we made two weeks ago in our story on Craigslist airline vouchers. In the article, we noted that our members missed their connecting flight, then asked Delta "why their luggage was transported, unaccompanied, to Las Vegas," implying a problem with that. FlyersRights member Duane W. asked for a pointer to the specific TSA rule prohibiting shipment of bags without their accompanying passengers. Good question, Duane. In short, your editor violated an old editors' maxim: "The one thing you know is absolutely, positively true...is not." Unable to find such a reference, we asked the TSA the question. They told us, in a response written in class bureaucrat-ese, that they're not going to say what the exact rule is, but it doesn't matter, because all bags are screened anyway. We have already apologized to Delta's Director of Customer Service, and regret the erroneous inference. Delta fully complied with all federal regulations.

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