Complaints or Inquiries From Shippers or Other Business Entities Operating in the Industry

 

The situations and subjects that various firms have brought to the Commission's attention encompass virtually every aspect of business relations. Some matters clearly fall within the jurisdiction of other federal or state agencies, and those are expeditiously referred to the proper persons. Other matters involve violations of the shipping statutes, and these may be brought to the attention of the FMC's enforcement staff. Some complaints and inquiries call for interpretations of regulations, while others concern purely commercial disputes. It is in these areas that the Office of Consumer Affairs and Dispute Resolution Services (“CADRS”)  offices may be of genuine service. Some examples include:

 

            !         shipper's inability to learn the location of a particular cargo;

            !         shipper's problem with defaulting NVOCC;

            !         shipper's difficulty in processing damage and loss claim;

            !         shipper's, or shippers' association's, failure to reach service contract agreement with carrier;

            !         freight forwarder's inability to collect rightful compensation from carrier;

            !         trucker's dispute with terminal operator's interpretation of equipment detention rule;

            !         terminal operator's complaint concerning the interpretation of a lease agreement;

            !         and carrier's objection to a shipper's or forwarder's document preparation.

 

Actual complaints and inquiries of all these types, and more, have been received in the past. Often, although not always, CADRS has assisted in bringing about an amicable resolution. In some cases, one party or the other ultimately brought the matter to litigation. In still others, the matter concluded when one side determined that further effort would be fruitless. In general, however, the Commission's efforts helped to clarify the issue.