Colorado Attorney General Phil Weiser wants an investigation into continuing poor customer service at Frontier Airlines, warning it will get worse if the merger with Spirit Airlines goes ahead. AG Weiser is so concerned he's written to US Transportation Secretary Pete Buttigieg saying customer service complaints will only increase if the US$2.9 billion merger gets the green light.

Attorney General Phil Weiser keeps up the pressure on Frontier Airlines

Denver-based Frontier Airlines wants to merge with Spirit Airlines, in the process creating the fifth biggest in the US. But Colorado's AG is no big fan of his hometown airline. Eighteen months ago, he asked the Department of Transportation to launch an investigation into Frontier Airlines after a deluge of complaints about refunds, flight credits, vouchers, and generally poor customer service.

Since then, Phil Weiser has kept up the pressure on Frontier Airlines. The Wall Street Journal's annual ranking of nine US airlines by operational performance released in January put Frontier in sixth spot, on par with American Airlines but besting Spirit Airlines and JetBlue. Frontier gets its share of criticism, but it is an ultra-low-cost carrier charging rock bottom lead-in fares. Dedicated Frontier loyalists argue passengers need to temper their expectations accordingly.

AG argues a subset of passengers stuck with flying on ultra-low-cost-carriers

While many disaffected Frontier passengers can vote with their wallets and take their future business elsewhere, the Attorney General says some people cannot necessarily afford to pay the higher fares charged by full-service carriers. The AG argues that those people stuck with flying on ULCCs will be most impacted by increasing rates of poor customer service resulting from the merger.

"The proposed merger of two airlines with such a sub-par record of consumer service creates a real and pressing risk, should such merger be approved, that these suspect practices will worsen," Phil Weiser's March 7 letter to Pete Buttigieg reads.

"Without competition between these two carriers, the merged entity will have fewer incentives to appropriately address complaints and treat their consumers fairly and in accordance with the law."Not only will consumers on the routes Frontier and Spirit serve have fewer travel choices if this merger is successful, but the subset of consumers that typically choose Frontier or Spirit may be unable to afford to switch to a carrier who may charge higher prices. The merger may therefore create a captive class of consumers who are particularly vulnerable to abusive and unfair practices."

Frontier Airlines CEO says everybody wins from merger

When announcing the merger in early February, Frontier Airlines CEO Barry Biffle said the airline marriage was a no-brainer and would save passengers $1 billion annually. "Everybody wins," he said at the time.

The Attorney General isn't asking the Department of Transportation to block the merger. But he is asking for an examination of current business practices and the implementation (and enforcement) of rules that force the ULCCs to treat passenger complaints properly. Phil Weiser highlights the poor customer service track records of both Frontier Airlines and Spirit and suggests the DOT may need to start issuing financial penalties against the airlines.

"The USDOT is very well positioned to act to protect Frontier customers," the AG's letter reads. "Moreover, as the proposed merger is considered, it is crucial that the USDOT consider consumer protection concerns and options to address such concerns going forward."

While Department of Transportation regulators are yet to formally approve the merger, a decision is expected in the latter half of 2022.