Sky-High Consequences: How A DansDeals Reader’s DOT Complaint Led To A $1,300,000 Fine For Turkish Airlines

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Over the years, I have written many times about filing complaints to the DOT over bad behavior from an airline.

There are 2 types of DOT complaints. You can file a basic informal complaint here. These are usually good enough in the vast majority of cases to reach the attention of an airline agent who is empowered to make things right, though airlines have up to 60 days to respond to an informal complaint. In nearly every case, I had success by filing an informal complaint.

If you don’t reach a satisfactory resolution, you can file a formal complaint. Just be aware that your name and complaint will be published if you go down this route. Airlines must respond to formal complaints in a timely manner, and the DOT investigates these complaints seriously.

The formal complaint found in docket DOT-OST-2020-0236 is an interesting one.

It starts off with a November 2020 complaint from a DansDeals reader against Turkish Airlines. The reader confirmed with us that they learned about filing a formal DOT complaint from this DansDeals post that was last updated in October 2020 with a reader success story after filing a formal DOT complaint. They first filed an informal complaint, but failed to achieve a resolution via that route.

In the formal complaint, Turkish Airlines is accused of failing to compensate for necessary items purchased when a checked bag arrived 33 hours late.

Turkish Airlines offered $100 compensation, as they said delayed baggage compensation was limited to $50 per day.

However, the DOT does not allow airlines to set arbitrary limits for delayed baggage compensation.

• “Airlines are required to compensate passengers for reasonable, verifiable, and actual incidental expenses that they may incur while their bags are delayed – subject to the maximum liability limits.
• Airlines are not allowed to set an arbitrary daily amount for interim expenses.  For example, an airline cannot have a policy that they will reimburse a passenger up to only $50 for each day that a passenger’s bag is delayed.”

That means airlines are responsible for up to 1,288 Special Drawing Rights per passenger, which is currently equal to $1,691.

Formal complaints must be addressed quickly, but Turkish Airlines requested a 2 week and then a 1 week extension, which were granted. The airline offered $1,800 to settle the case and that was accepted.

But that’s not what got my attention.

Last month, a consent order was filed by the DOT against Turkish Airlines using the same docket number as the delayed baggage order compensation, DOT-OST-2020-0236.

In it, the DOT cites that Turkish Airlines, “arbitrarily limited compensation for damages related to mishandled checked baggage on flights to and from the United States in contravention to the Convention for the Unification of Certain Rules for International Carriage by Air (Montreal Convention).”

It also cites that the airline, “routinely failed to provide timely refunds to passengers for flights to and from the United States that the carrier cancelled or significantly changed.”

The DOT continues, “Based on a consumer complaint, OACP investigated Turkish Airlines’ policies and practices in connection with its handling of monetary claims for mishandled checked baggage on flights to and from the United States.” 

The DOT says in a footnote there that it only received one formal complaint in docket, DOT-OST-2020-0236. Yes, that’s the complaint mentioned above.

Turkish Airlines blamed refund delays on COVID and wrote that it corrected baggage reimbursement in 2021.

Nevertheless, the DOT fined Turkish Airlines $1,300,000 due to these violations, saying that it will establish a deterrent to future unlawful practices by Turkish Airlines and other carriers. The DOT also officially dismissed the DOT-OST-2020-0236 complaint as part of the consent order, bringing an end to the case after more than 4 years.

Have you been successful filing an informal or formal complaint with the DOT against an airline?

HT: chff