The Federal Maritime Commission (FMC) has introduced
interim procedures through which it will review, investigate, and adjudicate
complaints filed by shippers to challenge charges imposed by carriers.
The FMC noted that, since the enactment of the Ocean
Shipping Reform Act of 2022 (OSRA), it had received more than 175 charge
complaint filings. The new procedures have clarified the interim steps that the
FMC will take under the new authority that they obtained as a result of the OSRA
legislation.
A charge complaint that is “perfected” with sufficient
information and details will be investigated “promptly” by FMC staff in the
Office of Investigations. The common carrier will be contacted by FMC staff as
part of the investigation and asked to respond to the complaint, and to justify
the charge or fee being investigated.
Both parties will be notified when the investigation has
been concluded.
If the investigation supports a finding that the common
carrier’s charge was not in compliance, the Office of Enforcement will
recommend that the Commission—the five Commissioners as a body—issue an “order
to show cause” to the common carrier to adjudicate formally the charge
complaint.
The common carrier receiving the order must then show why
it should not be ordered to refund the fees or charges paid, or waive the fees
in question.
The Commission will issue a decision on the order to show
cause, and for charges not in compliance with the law, will order a refund or
waiver. The Commission may then also initiate a separate civil penalty
proceeding with Commission’s Administrative Law Judge for consideration of
penalties.
An initial determination to not refer a charge complaint
to the Office of Enforcement will not bar a party from filing a subsequent
small claim or formal complaint with the Commission. A party may also seek
alternative dispute resolution services by contacting the Commission’s Office
of Consumer Affairs and Dispute Resolution Services.
The Commission’s Bureau of Enforcement, Investigations,
and Compliance will review all information received on alleged violations of
the law.
