L ATIMES.COM/BUSINESS FRIDAY, AUGUST 9, 2019C3
A month after a flight at-
tendant was bitten by an
emotional support animal,
the U.S. Department of
Transportation told the air-
line industry Thursday that
carriers can’t bar certain
dog breeds because airlines
deem them dangerous,
handing a victory to pit bull
fans.
But the federal agency
gave airlines the green light
to require passengers to pro-
duce records on vaccina-
tions and training to deter-
mine if a specific animal
poses a threat on a plane.
And bans on certain species
—snakes, for instance — will
be allowed to stand.
The effort by the Depart-
ment of Transportation to
clarify its policy on fauna in
planes is the latest chapter
in the long-running saga
over emotional support ani-
mals. An increasing number
of airplane passengers have
been bringing animals, some
quite exotic, contending
that they were needed for
emotional support during
flights; airlines suspected
the passengers were merely
trying to save money.
To control the prolifera-
tion, Southwest, JetBlue
and United, among others,
last year began tightening
restrictions on animals, par-
ticularly unusual species.
Delta Air Lines’ ban last year
of all “pit bull-type dogs” as
service animals or emo-
tional support animals
proved especially controver-
sial.
An airline trade group
and a flight attendants
union voiced support for the
federal agency’s efforts to
clarify its rules regarding an-
imals. The Department of
Transportation is expected
to begin enforcing the guide-
lines later this year after
they are published as part of
a formal “notice of proposed
rulemaking.”
Sara Nelson, president of
the Assn. of Flight Attend-
ants-CWA, called the new
guidelines “an important
step to address what has be-come a mess of animals
loose in the aircraft cabin.”
Airlines for America, a
trade group for the country’s
largest carriers, said that
many fliers have been
fraudulently passing off
their pets as emotional sup-
port animals to avoid having
to pay animal transport fees.
“With over a million pas-
sengers bringing [emotional
support animals] on flights
last year, airlines and air-
ports saw a sharp increase in
incidents such as biting and
mauling by untrained ani-
mals,” the group said. “TheDOT’s guidance is an impor-
tant step toward addressing
this growing problem and
ensuring a safer and healthi-
er travel experience for all.”
United Airlines, one of
the country’s biggest
carriers, reported a 75% in-
crease in emotional support
animals on flights in 2017
compared with 2016. The in-
crease has come with a rise
in incidents of animals uri-
nating, defecating, biting
and barking on planes.
A passenger was mauled
by a 50-pound dog on a Delta
flight in 2017, and a flight at-tendant on an American Air-
lines flight in July had to get
five stitches on his left hand
after being bitten by an emo-
tional support dog.
Federal law says that any
airline passenger who relies
on an animal to help quell
anxiety or other emotional
problems must be allowed to
bring the emotional support
animal on flights without
charge. But the 1986 law fails
to provide procedures for di-
agnosing a person who
needs to be accompanied by
an emotional support ani-
mal and doesn’t addresswhat type of animals fliers
can bring aboard a plane.
Service animals must
complete training to be as-
signed to aid someone who is
blind or has some other
physical disability.
Without clarity on what
kind of animals are permit-
ted, several airlines adopted
their own restrictions.
JetBlue announced last
year that it would allow only
cats, dogs and miniature
horses as emotional support
animals. American Airlines
banned several types of cre-
atures, including hedge-
hogs, goats, ferrets, chick-
ens, birds of prey and
snakes. Southwest Airlines
said it would allow only dogs
and cats on leashes to be
emotional support animals.
Delta’s pit bull ban came
after a pit bull bit two Delta
employees on a plane. Pit
bull owners and their sup-
porters collected tens of
thousands of signatures on a
petition asking the Atlanta-
based carrier to reconsider
the ban.
Such a restriction ap-
pears to violate the latest
guidance by the Depart-
ment of Transportation.
“While the Enforcement Of-
fice is aware of high-profile
cases involving pit bulls, air-
lines have not presented evi-
dence that any particular
breed is inherently more
dangerous than others,” the
agency said.
Still, the federal agency
also said airlines can require
passengers to produce docu-
mentation related to an ani-
mal’s vaccination, training
and behavior to determine if
a specific animal that is
scheduled to fly is a “direct
threat to the health or safety
of others.”
A Delta Air Lines spokes-
woman said the airline is still
reviewing the new guide-
lines.Certain breeds can’t be barred from flights
Federal transportation
officials issue new
rules on emotional
support animals — a
win for pit bull fans.
By Hugo Martin
ASERVICE DOGstrolls through a United Airlines jet as part of a training exercise. Airlines for America, a
trade group, says many fliers have been passing off pets as emotional support animals to avoid transport fees.Julio CortezAssociated PressThe most profitable cor-
ner of the booming U.S. solar
industry isn’t making — or
even installing — panels. It’s
building the components
that keep electricity flowing
to the power grid.
They’re called inverters,
and the two companies that
make the vast majority of
premium ones in the United
States reported their high-
est revenue ever in the sec-
ond quarter, propelling their
shares to record levels.
Enphase Energy Inc. has
gone from trading at less
than $1 a share in 2017 to
ranking among the world’s
most valuable solar stocks
with a market capitalization
of $3.8 billion. Its slightly
larger rival, SolarEdge Tech-
nologies Inc., has rallied
130% this year.
The systems Enphase
and SolarEdge supply are
crucial to making solar
power work. Panels produce
direct-current electricity
that needs to be converted
to alternating current so it
can be carried into homes or
to power grids. That’s what
inverters do. The ones En-
phase and SolarEdge make
are so specialized and cost-
effective to manufacture
that the companies have
bigger profit margins than
most other segments of the
solar business.
“They’re better than any-
thing in the industry,” said
Jeffrey Osborne, an alterna-
tive energy analyst at Cowen
&Co. “There’s nothing out
there that I’ve seen that can
compete” in terms of profit-
ability.
On Tuesday, Israel-
based SolarEdge reported
its second-quarter results —
record revenue of $325 mil-
lion and profit that beat ana-
lysts’ estimates — and its
shares jumped 25%. Last
week, Fremont, Calif.-based
Enphase posted $134 million
in revenue, up 77% from a
year earlier, and said third-
quarter sales may total as
much as $180 million.The two companies sup-
plied 89% of the total U.S.
market for module-level in-
verters last year, said Wood
Mackenzie Power & Renew-
ables analyst Lindsay
Cherry. They’ve kept their
edge in the United States
even as China’s Huawei
Technologies Co. and Sun-
grow Power Supply Co.
dominate the global market.
That’s in part because
Huawei canceled plans this
year to enter the U.S. market
after lawmakers suggested a
ban on its technology.
SolarEdge and Enphase
each gave earnings projec-
tions that beat analysts’ es-
timates as demand for solar
rebounds. Wood Mackenzie
Power & Renewables and
the Solar Energy Industries
Assn. projected that photo-
voltaic capacity installa-
tions in the United States
would rise 14% in 2019 after a
two-year slowdown. A global
index of solar stocks main-
tained by Bloomberg has
surged almost 30% this year
after declining in four of the
previous five years.
Inverters represent just a
fraction of the total cost of a
rooftop solar system. For a
typical $15,000 panel instal-
lation, an inverter may cost
about $1,500. But they’ve
proved to be the source of
many breakdowns, and buy-
ers have grown comfortable
with the quality of Enphase
and SolarEdge products,
Osborne said.
The type of “smart” in-
verters that Enphase and
SolarEdge make has also
given the companies a leg
up. These components iso-
late issues on an individual
panel so they don’t affect the
output of an entire system.
And they can be easier to in-
tegrate with batteries, an at-
tractive proposition for in-
stallers trying to sell solar-
plus-battery combinations.
The biggest threat facing
the two manufacturers may
be each other.
“Investors have been
fiercely debating whether
Enphase is taking or will
take market share from So-
larEdge in the U.S.,” Philip
Shen, an analyst at Roth
Capital Partners, said in a
research note. “We believe
the global growth of distrib-
uted solar is big enough for
both.”Martin writes for
Bloomberg.Two companies
shine as demand
for solar climbs
A California firm that
makes inverters and
its Israeli rival report
soaring profits, driving
shares to record highs.
By Christopher
MartinFacebook Inc. has failed
to undo a ruling that allows
millions of its users to band
together in a lawsuit accus-
ing the social network of
gathering and storing bio-
metric data without con-
sent, potentially exposing
the company to billions of
dollars in damages.
A federal appeals court in
San Francisco on Thursday
rejected the company’s re-
quest to block the privacy
suit from proceeding as a
class action on behalf of Illi-
nois Facebook users going
back to 2011 whose photos
were tagged and collected in
a company-controlled data-
base.
The decision exposes the
company to potentially huge
penalties under the Illinois
Biometric Information Pri-
vacy Act of 2008, which pro-
vides for fines of $1,000 to
$5,000 each time a person’s
image is used without con-
sent. The appeals court said
the lower court “did not
abuse its discretion in deter-
mining that a class action
was superior to individual
actions in this case.”
Facebook said it planned
to seek further review of the
ruling.
“We have always dis-
closed our use of face recog-
nition technology and that
people can turn it on or off at
any time,” a company
spokesman said.
The appeal delayed a tri-
al that had been set for July
2018 before a judge who was
unsympathetic to Face-
book’s arguments for lim-
iting its legal exposure. Now
that Facebook has lost the
appeal, the case will onceagain move closer to a court-
room.
A high-stakes trial could
hardly come at a worse time
for Facebook, which has
been under siege by activ-
ists, regulators, lawmakers
and prosecutors over its pri-
vacy practices.
Facebook launched a fea-
ture in 2010 that allowed
users to identify people they
recognized in photos using a
tool that automatically
matched names to faces on
pictures uploaded to the so-
cial media site.
The company was sued in
2015 over claims that it “se-cretly amassed the world’s
largest privately held data-
base of consumer biometric
data.” Citing an Illinois law,
one of only a handful in the
U.S. regulating biometrics,
subscribers alleged they ne-
ver gave Facebook permis-
sion to use their faces as bio-
metric identifiers, while the
company countered that all
users could opt out at any
time.
Google won dismissal of a
similar case in December
2018.Rosenblatt writes for
Bloomberg.Facebook loses a court appeal
Federal ruling brings
company a step closer
to privacy lawsuit that
could result in billions
of dollars in damages.
By Joel Rosenblatt
FACEBOOK USERSin Illinois say the firm’s facial recognition software, demoed
above in 2017, violates the state’s Biometric Information Privacy Protection Act.Eric RisbergAssociated PressHonda Motor Co. is
pumping more marketing
dollars into competitive vi-
deo gaming to protect its
status as the dominant car-
maker among young, first-
time buyers.
The Japanese auto giant
is becoming the official au-
tomaker of Riot Games
Inc.’s League of Legends
Championship Series, one of
North America’s biggest es-
ports leagues. The news
comes eight months after
Honda signed a partnership
with Team Liquid, a three-
time league champion.
Honda’s goal is to meet
young consumers on their
own terms. The global
esports audience is more
than 450 million people,
accordingto analysis firm
Newzoo, and North America
represents the largest mar-
ket. That group is largely
young, tech-savvy consum-
ers who don’t interact with
marketing in the same way
as their older peers.
They’re also a valuable
commodity in the automo-
tive world. Millennials and
Gen Z are the only genera-
tions increasing their share
of car sales right now, and
Honda is well positioned
with those groups. Its Civic
and Accord models are the
top-selling vehicles for first-
time buyers, according to
the company.
Unlike traditional sports
leagues, which make the
bulk of their money from me-
dia rights and ticket sales,
corporate partnerships re-
main a major source of in-
come for esports teams and
leagues. Honda joins a grow-
ing list of sponsors for Riot’s
North American league, in-
cluding Mastercard Inc.,
State Farm Life Insurance
Co., Walmart Inc. and
Quicken Loans Inc.’s RocketMortgage.
“We really try to find
brands that are investing in
this space, and don’t just see
esports as checking a box,”
said Matthew Archambault,
Riot’s North American head
of esports partnerships and
business development.
“Honda is looking to invest,
commit resources and go
into storytelling.”
The partnership will
launch this weekend with
the league’s Summer Split
playoffs in Los Angeles. Riot
and Honda will work to-
gether on a digital behind-
the-scene documentary se-
ries, plus traditional on-site
advertising that will feature
wrapped cars outside the
venue. Honda, which has
been investing in gaming
since 2014, is also paying for
naming rights to the cham-
pionship series’ most valu-
able player award.
The announcement
comes just a few days afterthe esports and gaming in-
dustries reacted vocifer-
ously to politicians —
includingPresident Trump
—referencing violent video
games as a potential inspira-
tion for mass shooters in the
U.S. Though League of Leg-
ends is more fantasy game
than shooter, Archambault
said he didn’t believe video
games were part of the prob-
lem.
“I’m not speaking on be-
half of Riot as a whole, but I
don’t believe there have been
any credible studies that
have linked video games to
bad behavior,” he said. “In
fact, we’ve seen studies
about it helping camarade-
rie and communication, and
I know for a fact that a lot of
veterans play games to over-
come PTSD. There are a lot
of positives that gaming in
general can bring.”Novy-Williams writes for
Bloomberg.Honda courts buyers via esports
By Eben Novy-Williams