Know Your Moving Rights And Responsibilities

by Broderick Perkins
DeadlineNews.Com

Greater federal regulatory protection is available to those who move across state lines, thanks to recently approved rules for movers.

With more than 9,000 complaints nationwide per year in recent years, up from about 7,000 in 2001, moving and storage companies were 11th on the list of companies consumers complained about most, according to the Better Business Bureau.

The industry's federal regulator, the Federal Motor Carrier Safety Administration (FMCSA) received 10,000 complaints in recent years from customers of moving companies, their brokers and related operations -- double the number the number of complaints each year during the period from 1996 to 1999. Some of those complaints could be duplicates of those filed with the BBB.

Many of the more recent complaints stem from rogue moving operations fined and shut down in Florida, California and New York. Some of those operations were targets of Federal Bureau of Investigation sting operations.

Each year, about about 1.5 million households use commercial moving firms to move their goods across state lines. Some 4,000 interstate movers are registered with the U.S. Department of Transportation.

The agency can fine companies that break the rules up to $500 per day per violation and put repeat offenders out of business. Individual states typically regulate movers who don't cross state lines.

With effective dates phased in over time for various provisions, full compliance of the law was effective May 5, 2004 and the new rule says, in part:

• All moving estimates must be provided in writing, including estimates provided over the telephone.

• Brokers must provide full written disclosure in advance of the move that explains that actual charges may differ from the estimated charges and give reasons why.

• Movers can demand no more than 100 percent of a binding estimate before delivery or 110 percent of a nonbinding estimate at the time of delivery.

• Movers must specify the form of payment with the estimate and other required documents.

• Movers must deliver goods on agreed upon dates.

• Movers must write an inventory of all items involved in a move, assigning each item an identification number.

• Carriers and brokers must comply with advertising requirements when using Web sites.

• The new rules also codify arbitration requirements, allow households to pay for the move with money orders, mandate that movers who agree to accept charge or credit cards must schedule the delivery at a time when the mover's credit department is open to process credit payments or have a vehicle equipped to do so and the mover must determine before preparing the bill of lading, any charges for special delivery requirements including elevators, long carries, etc.

Before you move, FMCSA advises that you:

• Seek referrals from family members, friends, co-workers and others you trust who also have recently experienced a successful move.

• Obtain estimates from at least three movers, and compare costs and all services the movers promise to provide.

• Be certain the movers are registered with the FMCSA and have a "USDOT" number.

• Check with the Better Business Bureau for inquiries, complaints and arbitration hearings involving movers you are considering.

• Obtain from your mover the booklet "Your Rights and Responsibilities When You Move"; learn what happens when you move; and get complaint filing information -- just in case.

• Determine the mover's responsibilities and liabilities for damages to your belongings.

• Ask about movers' dispute resolution programs.

• Find out how and when pickup and delivery of your household goods will occur.

• Ask the mover how they can be contacted before, during, and after the move.

• If necessary, file complaints with the FMCSA.

Copyright © 2004 DeadlineNews.Com -- Broderick Perkins, is executive editor of San Jose, CA-based DeadlineNews.Com, an editorial content and consulting firm. Perkins has been a consumer and real estate journalist for more than 25 years.