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JENNIFER M. GARTLAN
(Unable to Attend)
Deputy Director,
Office of Consumer Affairs & Dispute
Resolution Services (CADRS)
Federal Maritime Commission
Commercial Enforcement and Investigations Division
Presentation by:Monique RiddickCommercial Enforcement and Investigations Division
International Association of MoversVancouver, British Columbia
October 8, 2013
Commercial Enforcement and Investigations Division
Federal Motor Carrier Safety Administration
FMCSA Household Goods Compliance and Enforcement Program
We endeavor to better protect the consumer from moving fraud by
educating consumers, working with Industry to provide High Standards, and
by removing bad actors through our enforcement efforts.
Commercial Enforcement and Investigations Division
Program Structure
Headquarters• Program Management• Policy Development• Outreach and Education
Field• Provides the Enforcement Component for the
Program• Spearheaded by Commercial Enforcement Specialists
strategically located around the United States
Commercial Enforcement and Investigations Division
Program Outreach Initiatives
2013 Moving Season Marketing Campaign – March through September.
Red Flags Campaign Moving Fraud Prevention Checklist Updated www.protectyourmove.gov Updated “Your Rights and Responsibilities
When You Move” booklet.
Federal Motor Carrier Safety Administration
Commercial Enforcement and Investigations Division
Red Flags of Moving Fraud
Commercial Enforcement and Investigations Division
Federal Motor Carrier Safety Administration
Red Flags of Moving Fraud
Your Rights and Responsibilities When You Move booklet not provided
No local address, license or insurance on website
No company name offered when office is called
Poor office and warehouse conditions
Generic Rental Truck Doesn’t offer or agree
to a physical survey Moving company
demands cash or a large deposit before the move
Federal Motor Carrier Safety Administration
Commercial Enforcement and Investigations Division
Moving Fraud Prevention Checklist
Commercial Enforcement and Investigations Division
Federal Motor Carrier Safety Administration
Moving Fraud Checklist
Check if the mover or broker is registered with the FMCSA.
Check the complaint record of a mover or broker.
Avoid movers that do not show U.S. DOT# or MC# in their advertisements.
Read the booklet “Your Rights and Responsibilities When You Move.”
Movers or brokers must give written estimates.
Do not sign blank or incomplete documents.
Understand the type of liability signed for.
Supervise loading and unloading or appoint a representative to act for you.
Commercial Enforcement and Investigations Division
Federal Motor Carrier Safety Administration
www.protectyourmove.gov
• Modernized Web Site• New PSA • Detailed information to
assist the consumer
• Greater than 12 million hits in 2013
Commercial Enforcement and Investigations Division
Your Rights and Responsibility When You Move Booklet
Commercial Enforcement and Investigations Division
Your Rights and Responsibilities When You Move
Your Rights and Responsibilities When You Move booklet has been updated to be more user friendly and will work in a digital format.
It is posted on www.protectyourmove.gov, available for download so you can distribute the booklet to your customers in either hard copy or digitally.
Commercial Enforcement and Investigations Division
Federal Motor Carrier Safety Administration
State Partnerships
Implemented a HHG State Enforcement Partnership Program to
help combat moving fraud
Federal Motor Carrier Safety Administration
Commercial Enforcement and Investigations Division
Current State Partners
Texas Department
of Motor Vehicles
Louisiana State Police
Ohio Public Utilities
Commission
Commercial Enforcement and Investigations Division
Federal Motor Carrier Safety Administration
Federal Partnerships
Federal Maritime Commission (FMC)
Federal Motor Carrier Safety Administration
Commercial Enforcement and Investigations Division
Close Working Relationships
Surface Transportation
Board (STB)
Federal Trade Commission (FTC)
Office of InspectorGeneral (OIG)
Commercial Enforcement and Investigations Division
Moving Fraud and Rogue Carriers are a Serious Problem
These companies are blatantly violating Federal and State laws.
They are preying on Consumers. They give the moving industry a bad name.
Commercial Enforcement and Investigations Division
Impact of Moving Fraud
Financial loss Property loss Business denied to legitimate moving
companies State and local governments cheated of
revenue
Commercial Enforcement and Investigations Division
What is FMCSA doing about Moving Fraud and Rogue Carriers?
Implementing the legislation that gives the agency more authority to attack and solve very difficult problems.
• Safe Accountable Flexible Efficient Transportation Equity Act – A Legacy for Users (SAFETEA-LU)
• Moving Ahead For Progress in the 21st Century (MAP-21)
Commercial Enforcement and Investigations Division
Federal Motor Carrier Safety Administration
SAFETEA-LU
• On-site estimate – 50 mile radius of shipper• Liability – full value protection unless waived• Arbitration threshold - $5,000 to $10,000• Broker estimate w/o agreement - $10,000 fine• Unauthorized transportation (broker or carrier) -
$25,000 fine
Commercial Enforcement and Investigations Division
Federal Motor Carrier Safety Administration
SAFETEA-LU cont.
Hostage Loads
• Shipments held Hostage - $10,000 civil fine
• Suspend authority – for 1 year but not more than 3 years
• Criminal fine under Title 18 and imprisonment not more than 2 years
Commercial Enforcement and Investigations Division
Federal Motor Carrier Safety Administration
MAP-21
• As of October 1, 2013, brokers and freight forwarders subject to FMCSA jurisdiction are required to have a $75,000 trust fund or surety bond in effect and on file with FMCSA. Rule Making is located at 78 FR 60226.
• BMC-84 and BMC-85 forms have been revised.
Commercial Enforcement and Investigations Division
Federal Motor Carrier Safety Administration
MAP-21 cont.
Exam requirement to enter the industry• HHG Motor Carrier planned for October 1, 2014.• Broker in effect since October 2012, but may
demonstrate industry experience in lieu of exam.
Hostage Loads – May require motor carriers to return HHG being held hostage and pay the victim all or a portion of the fine imposed.
Commercial Enforcement and Investigations Division
Federal Motor Carrier Safety Administration
Moving Fraud Task Force
Objectives: Identify the very worst Rogue Movers and Brokers.
Gather the necessary evidence to remove Rogue Movers from the Industry while closing complaints.
Using all of the Agency’s Authority to initiate and follow through with strong, solid enforcement actions removing those Rogue Movers from the Industry.
Commercial Enforcement and Investigations Division
Federal Motor Carrier Safety Administration
Moving Fraud Task Force
Focuses on the absolute worst in the Industry.
Focuses very limited resources to make the most impact.
Endeavors to be the most effective while being the most efficient.
Puts into action the Administrator’s mandate to Maintain Standards and Remove Bad Carriers from the road.
Commercial Enforcement and Investigations Division
Federal Motor Carrier Safety Administration
National Consumer Complaint Database (NCCDB)
The NCCDB is the primary source for investigative data.
Centralized depository of Interstate Household Goods Complaints.
Commercial Enforcement and Investigations Division
Federal Motor Carrier Safety Administration
NCCDB Statistics
Fiscal Year 2011 – 2,868 2012 – 3,083 2013 – 2,921
Fiscal Year 2011 - 666 2012 - 441 2013 - 363
• HHG Complaints • Hostage Loads
Commercial Enforcement and Investigations Division
Hostage Loads
Making hostage load complaints a priority. • Commitment to review hostage load complaints
that come into the National Consumer Complaint Database (NCCDB).
Commercial Enforcement and Investigations Division
Federal Motor Carrier Safety Administration
Division Contacts
Kenneth Rodgers – Division Chief (202) 366-0073/ [email protected]
Brodie Mack – HHG Team Leader (202) 366-8045 / [email protected]
Monique Riddick – Transportation Specialist (202) 385-2414 / [email protected]