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Federal Maritime Commission: Dispute Resolution for Movers

Learn about the Federal Maritime Commission's role in regulating the moving industry and resolving disputes. Find help with common consumer problems and get assistance through CADRS.

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Federal Maritime Commission: Dispute Resolution for Movers

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  1. The Federal Maritime Commission International Association of Movers September 27, 2017

  2. Roadmap • Introduction to the Federal Maritime Commission • Law and regulations • FMC-regulated entities • FMC litigation and resolution • CADRS operations and services • Common HHG disputes • Where to get help with commercial disputes IAM, September 27, 2017

  3. Federal Maritime Commission • Independent Regulatory Agency est. 1961 • Current Commissioners: • Michael A. Khouri (R-Acting Chairman); Rebecca F. Dye (R); William Doyle (D); and Daniel Maffei (D) • Approx. 130 Full Time employees in: DC (HQ); regional offices in New Orleans (vacant), Houston, NY/NJ, So.FL, LA/LB, and Seattle IAM, September 27, 2017

  4. Statutes and Regulations • Shipping Act of 1984, as Amended by Ocean Shipping Reform Act of 1998 • Foreign Shipping Practices Act of 1988 • Section 19 of Merchant Marine Act • Sections 2 and 3 of Pub. L. 89-777, 80 stat. 1350 (Cruise Line Financial Responsibility) • Codified at 46 U.S. Code 40101-44106 • Regulations available at 46 CFR Parts 500-565 • Mission: To ensure a competitive and reliable international ocean transportation supply system and to protect the public from unfair & deceptive practices. IAM, September 27, 2017

  5. FMC-regulated entities • Ocean Transportation Intermediaries (OTIs) • Ocean Freight Forwarders (OFFs) • Non-Vessel Operating Common Carriers (NVOCCs) • Vessel Operating Common Carriers (VOCCs) • Marine Terminal Operators (including port authorities) • Cruise Lines (PVOs) IAM, September 27, 2017

  6. FMC Litigation and Resolution • Order of Investigation (Bureau of Enforcement) (APA adjudication); • Before Administrative Law Judge; appeal to FMC • BOE can seek TRO while pending; • Remedies: cease & desist; civil penalties (no victims’ fund); • Formal complaint before an ALJ (APA adjudication) or informal (small claims up to $50k) before Small Claims Officer • Remedies: actual damages; • Attys fees for prevailing party; • Seek TRO while pending; • BOE may intervene; • Final FMC orders not self-executing. • CADRS-assisted ADR (ombuds, mediation, facilitation, arbitration) IAM, September 27, 2017

  7. Office of Consumer Affairs and Dispute Resolution Services (CADRS) • CADRS established as an independentoffice to provide: • A Neutral and Confidential Forum • Practical, Real Time Solutions to Problems • Cost Savings • Enhanced Business Relationships • Experienced Neutrals with Industry Knowledge • CADRS personnel: 5 attorneys; 1 transportation analyst; 1 administrative staffer • Coordination with Area Representatives IAM, September 27, 2017

  8. Office of Consumer Affairs and Dispute Resolution Services (CADRS) • CADRS-provided ADR services: • Ombuds services • Most of CADRS caseload • Fast • Informal • Mediation • As required by FMC rules in formal proceeings; • As requested • Facilitation • Arbitration IAM, September 27, 2017

  9. Types of CADRS ADR services • What service to choose? Initial choice does not preclude change • Ombuds services • Most of CADRS caseload • Fast • Informal • Mediation • Formal FMC proceedings require initial conference; • As requested • Facilitation • Arbitration • Resource: https://www.fmc.gov/resources/adr_options.aspx IAM, September 27, 2017

  10. FMC-FMCSA MOU (2012) – Household Goods (HHG) • Cooperate in protecting and assisting consumers moving HHG; • Share information to help identify and address moving industry problems; • Refer cases, conduct joint investigations, and conduct joint training to enhance enforcement; and • Work together on coordinated education and outreach efforts for consumers IAM, September 27. 2017

  11. Common Consumer/HHG problems • OTI holds cargo hostage until shipper pays more • OTI loses/abandons cargo/fails to pay freight/storage/defaults/disappears, etc. and carrier will not release • Improper or incomplete documentation (vehicle titles for export) • Unexpected additional freight, storage, handling, clearance fees • Missing/damaged cargo & difficulty processing claims • Shipper's inability to learn the location of a particular cargo • defaulting NVOCC • Freight forwarder's inability to collect rightful compensation from carrier • Trucker's dispute with terminal operator's interpretation of equipment detention rule • MTO’s complaint concerning the interpretation of a lease agreement IAM, September 27, 2017

  12. How to contact FMC-CADRS • Federal Maritime Commission • Office of Consumer Affairs and Dispute Resolution Services • 800 N. Capitol Street, NW • Washington, DC 20573 • Complaints@fmc.gov • (202) 523-5807 • (866) 448-9586 (toll free) • Twitter: @FMC_gov • Rebecca A. Fenneman, Director IAM, September 27, 2017

  13. How to contact FMC-CADRS • FMC Area Representatives: • Houston: Adam Sinko 281-591-6088; ASinko@fmc.gov • Los Angeles: Karl Hansen 310-514-4905 KHansen@fmc.gov; Nash D. Asandas 310-514-8618 NAsandas@fmc.gov • New York: Erin Tasova 732-283-2496; ETasova@fmc.gov; Matthew D. Forst 732-283-2497; MForst@fmc.gov • Seattle:Shadrack Scheirman 253-922-7622; SScheirman@fmc.gov; Diane Rebollo 253-225-6843; DRebollo@fmc.gov • South Florida: Andrew Margolis 954-963-5362 AMargolis@fmc.gov; Eric O. Mintz 954-963-5284 EMintz@fmc.gov IAM, September 27, 2017

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