Complaint Handling

Federal Motor Carrier Safety Administration Commercial Enforcement and Investigations Division

Complaint Handling

Moving Fraud MeetingNovember 14, 2012

Federal Motor Carrier Safety Administration Commercial Enforcement and Investigations Division

Household Goods Team Mission

Our mission is to protect the consumer from rogue carriers, moving fraud, and

provide consumer protection and awareness.

Federal Motor Carrier Safety Administration Commercial Enforcement and Investigations Division

Question

What is the driving force behind the Household Goods Team?

Federal Motor Carrier Safety Administration Commercial Enforcement and Investigations Division

Answer

Complaints

Federal Motor Carrier Safety Administration Commercial Enforcement and Investigations Division

Importance of Complaints

• Complaints drive the allocation of resources to handle household goods (HHG) complaints.

• Complaints are important to meeting the mission of the HHG Team in consumer protection.

• Complaints drive the types of HHG policies and consumer advisory notices.

Federal Motor Carrier Safety Administration Commercial Enforcement and Investigations Division

National Consumer Complaint Database

The National Consumer Complaint Database (NCCDB) serves as the central

depository for all complaints received by FMCSA.

Federal Motor Carrier Safety Administration Commercial Enforcement and Investigations Division

Complaint Policy

Complaints must be entered into the NCCDB before they are assigned for review.

Federal Motor Carrier Safety Administration Commercial Enforcement and Investigations Division

Question

Where do you go to enter a HHG Complaint?

Federal Motor Carrier Safety Administration Commercial Enforcement and Investigations Division

Answer

Visit: www.protectyourmove.gov

Call the NCCDB Hotline(888)368-7238

Federal Motor Carrier Safety Administration Commercial Enforcement and Investigations Division

www.protectyourmove.gov

Federal Motor Carrier Safety Administration Commercial Enforcement and Investigations Division

www.protectyourmove.gov

Federal Motor Carrier Safety Administration Commercial Enforcement and Investigations Division

Complaint Statistics

HHG Complaints

• FY 2012 – 2,551

• FY 2011 – 2,392

Hostage Loads

• FY 2012 – 403

• FY 2011 - 613

Federal Motor Carrier Safety Administration Commercial Enforcement and Investigations Division

Validation of Complaints

Complaints are reviewed by the NCCDB Service Representative to ensure they are valid. A valid complaint must have –

• Completed complaint form• Reason codes selected• A comment

Federal Motor Carrier Safety Administration Commercial Enforcement and Investigations Division

Next Steps

Once a complaint has been validated the following steps are taken.

1. An acknowledgement letter is sent to the complainant.

2. If the complainant approves, a notification letter is sent to the carrier.

Federal Motor Carrier Safety Administration Commercial Enforcement and Investigations Division

Hostage Load

• If the complaint is a hostage load, it will be given priority.

• Hostage loads are immediately assigned to a Transportation Specialist on the HHG Team for review.

Federal Motor Carrier Safety Administration Commercial Enforcement and Investigations Division

Hostage Load DefinitionA household goods shipment that is moving under a non-binding estimate or binding estimate where the carrier refuses to relinquish the shipment, although the customer has tendered or offered to tender the required payment. The required payment is 110% of a non-binding estimate or 100% of a binding estimate along with additional charges for impracticable operations (i.e. stairs and shuttle).

Federal Motor Carrier Safety Administration Commercial Enforcement and Investigations Division

Shipper Review Process

The shipper review includes the following:

1. Contacting the shipper by phone or email.

2. Review of the shipper documents.

3. Obtain an oral interview statement.

Federal Motor Carrier Safety Administration Commercial Enforcement and Investigations Division

Carrier Review Process

The carrier review includes:

• Contacting the carrier by phone or email.

• Review of the carrier’s shipper file.

• Review of carrier’s record with FMCSA.

Federal Motor Carrier Safety Administration Commercial Enforcement and Investigations Division

Carrier Review Continued

• Information gathered from various resources, i.e. website of the carrier.

• Complaint history in the NCCDB.

• Obtain oral statement from the carrier.

• Drafting an email analysis of the complaint to the carrier for response.

Federal Motor Carrier Safety Administration Commercial Enforcement and Investigations Division

Carrier Review Continued

• In hostage load disputes, the Transportation Specialist urges the carrier to comply with the regulations and statues.

• The Transportation Specialist makes every effort to assist the consumer to resolve the dispute with the carrier.

Federal Motor Carrier Safety Administration Commercial Enforcement and Investigations Division

Carrier Review Continued

• The review process may resolve the complaint.

• If not, and violations are discovered, the Transportation Specialist packages the complaint to be sent to the Division Office for action.

Federal Motor Carrier Safety Administration Commercial Enforcement and Investigations Division

Review Process Continued

• The Division Office will assign the complaint to a Commercial Enforcement Specialist or a HHG trained Safety Investigator.

• They will review the package prepared by the HHG Transportation Specialist and follow up.

Federal Motor Carrier Safety Administration Commercial Enforcement and Investigations Division

Review Process Continued

• A compliance review on the shipper’s complaint may be initiated by the Division Office to determine if the carrier has violated Federal regulations or statues.

• A compliance review may also be initiated on a carrier having a high number of complaints in NCCDB.

Federal Motor Carrier Safety Administration Commercial Enforcement and Investigations Division

Violations

If violations are discovered during the compliance review, FMCSA may take enforcement action.

Enforcement actions include the assessment of fines and penalties.

Federal Motor Carrier Safety Administration Commercial Enforcement and Investigations Division

Violations Continued

• FMCSA also has the authority to suspend a carrier’s operating authority under the Federal statues:

49 U.S.C. 14915 for holding shipments hostage.

49 U.S.C. 13905 for non-compliance of Federal regulations and statues.

Federal Motor Carrier Safety Administration Commercial Enforcement and Investigations Division

Questions

Federal Motor Carrier Safety Administration Commercial Enforcement and Investigations Division

State Partnerships

Federal Motor Carrier Safety Administration Commercial Enforcement and Investigations Division

Question

How can States assist in combating moving fraud?

Federal Motor Carrier Safety Administration Commercial Enforcement and Investigations Division

Answer

Sign up for a State Partnership Program

Federal Motor Carrier Safety Administration Commercial Enforcement and Investigations Division

State Partnership Programs

Two State Partnership Programs:

1. Enforcement Partner

2. Contributing Partner

Federal Motor Carrier Safety Administration Commercial Enforcement and Investigations Division

Enforcement Partner

• Must sign a Memorandum of Agreement.

• Authority to enforce Federal regulations and statues.

• Trained on program implementation and enforcement software.

Federal Motor Carrier Safety Administration Commercial Enforcement and Investigations Division

Enforcement Partner Continued

• Retains fines and penalties assessed to the carrier.

• Access to all complaints and intelligence information in the NCCDB.

• Participates in joint investigations and task forces targeting specific carriers.

Federal Motor Carrier Safety Administration Commercial Enforcement and Investigations Division

Contributing Partner

• Provided access to the NCCDB.

• Enter complaints in the NCCDB.

• Research complaints from their State only in the NCCDB.

Federal Motor Carrier Safety Administration Commercial Enforcement and Investigations Division

Contact Information

Monique RiddickTransportation SpecialistHousehold Goods Team

(202) 385-2414Monique.riddick@dot.gov

Federal Motor Carrier Safety Administration Commercial Enforcement and Investigations Division

Questions