| Your Rights and Responsibilities |
FMCSA and Household Goods Movement As the U.S. Department of Transportation agency that administers commercial regulations governing household goods transportation, the Federal Motor Carrier Safety Administration (FMCSA) is concerned about consumers who are defrauded by unscrupulous moving companies. Moving a household is inherently stressful. An estimated 1.4 to 1.6 million household moves take place each year. Most go smoothly but a significant number leave the consumer dissatisfied or worse. Those engaging in a move may be vulnerable to abusive practices by the mover. The more serious complaints FMCSA receives involve overcharge violations of regulations on estimating practices. We also hear, all too often, from distraught consumers whose goods have been held hostage for exorbitant, trumped-up charges. Other consumers report that the moving company failed to deliver or damaged some of their goods, then refused to compensate them for loss and damages claimed. What is worse, a few "movers," who may not even be legitimate carriers at all, appear to be preying on those who can least afford it—the elderly and uninformed. It is also apparent that some consumers engage a household goods mover without exercising good judgment. The former Interstate Commerce Commission (ICC) issued and enforced commercial regulations to ensure that shippers arranging interstate moves receive basic information on tariffs, weighing practices, insurance coverage, requirements for delivery, and related matters. The ICC also engaged to a limited extent in dispute resolution between consumers and carriers. Under the Interstate Commerce Commission Termination Act of 1995 (ICCTA), Congress transferred the commercial regulations to DOT but explicitly directed that ICC's dispute resolution function be discontinued. On January 1, 2000, the newly established FMCSA assumed responsibility for administering the commercial regulations. The ICCTA encourages consumers to use the mover's dispute resolution program to resolve loss and damage cases. Household goods carriers are required to establish this neutral arbitration process for consumer losses up to $5,000. Access to the courts is also available. This does not mean that consumers are entirely at the mercy of unethical companies. FMCSA takes enforcement action against the most unscrupulous household goods carriers and brokers. In addition to three full-time headquarters employees who work exclusively on household goods issues, personnel in our state offices provide informal assistance to consumers who call with complaints against moving companies. Our headquarters personnel investigate and target enforcement on carriers and brokers that demonstrate a significant pattern of regulatory noncompliance—and on companies engaging in abusive consumer practices that cause economic hardship or emotional trauma. Enforcement action for serious violations has included revocation of authority, civil injunctions, and civil penalties amounting to hundreds of thousands of dollars, and jail time for company officials. Most recently, in July 2002, the agency assessed civil penalties totaling $365,500 against eight Florida carriers. Company by company, FMCSA is deterring violations by movers that break the law—and weeding from the marketplace the most egregious offenders. FMCSA is a safety agency. Our mission is to reduce the number of highway crashes involving large trucks and buses. Since September 11, 2001, we have reallocated some resources toward improving the security of hazardous materials transportation. Any further diversion of resources from our safety and security initiatives must be carefully weighed against the priority of saving lives. Although consumer-related issues cannot be our primary focus, we are doing what is practicable given the agency's finite resources. FMCSA has
established a 24-hour toll-free hotline (888-368-7238) to receive consumer
complaints. We also have a Web site, http://www.fmcsa.dot.gov/factsfigs/moving.htm,
that is packed with useful consumer information. Our goal is to help consumers
learn more about household goods transactions so that they can make better
informed choices in selecting and negotiating with a moving company. Armed
with knowledge about their rights and appropriate business practices,
household goods shippers will be less likely to fall victim to unscrupulous
companies. |
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