49 USC 13702 – Tariff Publishing for Household Goods Companies

 

49 USC 13702 requires all interstate household goods moving companies to create and publish a tariff.

…A carrier…may provide transportation or service that is for movement of household goods only if the rate for such transportation or service is contained in a tariff… 49 USC 13702(a)(2).

Furthermore, 49 USC 13702 requires that moving companies must only charge the rates that are listed in their tariff. This means the company cannot “discount” the rates in the tariff unless the tariff specifically outlines the discounts.

…The carrier may not charge or receive a different compensation for the transportation or service than the rate specified in the tariff, whether by returning a part of that rate to a person, giving a person a privilege, allowing the use of a facility that affects the value of that transportation or service, or another device. 49 USC 13702(a)(2).

This tariff must also be available for inspection upon request. 49 USC 13702(c)(1). The household goods carrier must provide notice that the tariff is available for inspection in its bill of lading or by other actual notice. 49 USC 13702(c)(2).

The failure to publish a household goods tariff as required by 49 USC 13702 can result in severe consequences to the carrier. The carrier can be issued a “Notice of Claim” and be subject to several types of penalties. If you are an interstate household goods carrier without a tariff, it is important that you create one as soon as possible. We can help you create a custom household goods tariff tailored to your individual needs.

If you have received a “Notice of Claim,” we may also be able to help with your official response. Based on the individual circumstances of your claim, we may be able to help negotiate a settlement and/or reduce the monetary penalty.

For more blog posts on household goods matters, click here. Receive a free consultation from the Law Office of David Piotrowski.

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