Complaint Handling

Federal Motor Carrier Safety Administration Commercial Enforcement and Investigations Division

Complaint Handling

Moving Fraud MeetingNovember 14, 2012


Household Goods Team Mission

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

provide consumer protection and awareness.


Question

What is the driving force behind the Household Goods Team?


Answer

Complaints


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.


National Consumer Complaint Database

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

depository for all complaints received by FMCSA.


Complaint Policy

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


Question

Where do you go to enter a HHG Complaint?


Answer

Visit: www.protectyourmove.gov

Call the NCCDB Hotline(888)368-7238

http://www.protectyourmove.gov/


www.protectyourmove.gov


www.protectyourmove.gov


Complaint Statistics

HHG Complaints

• FY 2012 – 2,551

• FY 2011 – 2,392

Hostage Loads

• FY 2012 – 403

• FY 2011 - 613


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


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.


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.


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).


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.


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.


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.



• 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.



• 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.


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.


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.


Violations

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

Enforcement actions include the assessment of fines and penalties.


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.


Questions


State Partnerships


Question

How can States assist in combating moving fraud?


Answer

Sign up for a State Partnership Program


State Partnership Programs

Two State Partnership Programs:

1. Enforcement Partner

2. Contributing Partner


Enforcement Partner

• Must sign a Memorandum of Agreement.

• Authority to enforce Federal regulations and statues.

• Trained on program implementation and enforcement software.


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.


Contributing Partner

• Provided access to the NCCDB.

• Enter complaints in the NCCDB.

• Research complaints from their State only in the NCCDB.


Contact Information

Monique RiddickTransportation SpecialistHousehold Goods Team

(202) [email protected]


Questions

Complaint Handling

Documents

safety complaints

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complaint policycomplaints

passenger carrier

purpose of hhg complaints

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investigations divisionprotect

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