Resolving
Disputes with Your Mover
Unfortunately, regardless of planning and precautions that you and the mover may undertake, sometimes mistakes and unforeseen situations do occur. However, there are steps you can take to protect yourself and your goods. The first step is to be sure the mover you choose is licensed. Under the Movers Regulation Act, a moving company is required to license its company through the state of Florida.
If you decided to go with a mover who is a member of the Florida Movers and Warehousemen’s Association and you are dissatisfied with your move, you can use the FMWA Member Arbitration Program. We will work with you, obtain information about your move, and then work with the mover to bring the situation to a resolution. To do this effectively the FMWA uses a committee of experienced movers who are familiar with the terms and contracts of a successful move and, in turn, provide you with expert analysis and the best possible resolution to your situation.
Determine the Type of Complaint You Have With Your Mover
Complaints about moving companies usually fall into three categories:
· Delays – a missed pickup date or late delivery of the shipment.
· Billing Disputes – the amount that the moving company has charged, or if the shipment has not yet been delivered, the additional amount that the mover is requesting before he will perform the delivery.
· Loss and Damage – a dispute with the mover regarding the settlement of a claim for loss or damage to a household goods shipment. If articles in your shipment were lost or damaged, file a loss and damage claim with your mover and its insurance carrier. A complaint is appropriate if the mover has failed to give you the necessary insurance claim paperwork.
If you would like to request arbitration of your case, you must submit a written request for arbitration.
Along with your name, address, and telephone number, the following information should be included in your written request for arbitration:
· The name of your mover and the identification number of the shipment (if any)
· Any assigned loss or damage claim number
· The name your shipment was moved under (if other than your own) and the dates and locations where the shipment was picked up and delivered
· The dollar amount of your loss or damage claim
Often times, complaints that go through this process are settled before the actual arbitration process begins.
Another step you may take in
resolving a dispute between you and a mover is to contact the Florida Division
of Consumer Services. When the Division
receives your written complaint, it will send a copy to the mover and ask it to
respond. This is the moving company’s
chance to state its case. The mover will
then reply to the Division with a copy of the estimate and/or contract for services
that you have signed, an explanation of the dispute, and any efforts that the
mover might have made to resolve the situation.
If the Division does not receive a response from the mover within 30 days of the complaint, it will follow up by sending the mover a second notice. Failure on the mover’s part to respond to the complaint, provided it is not a violation of the law, will result in the complaint being disclosed to other consumers when they call the Division with inquiries about that moving company.
Once the Division has the mover’s response to the complaint, it will work to mediate the dispute. Depending on the circumstances of the situation, an investigator may be brought in to assist the Division with your case. If this occurs, the investigator will establish if the moving company’s actions are within the law (e.g., Is it registered? Does it meet the standard requirements of the law?). If, through this investigation, fraud or an unfair trade practice by the mover is discovered, the Division will prepare an investigative file and seek prosecution for violation of the law.
What the Division publishes as the result of the complaint is based on your approval or disapproval. The Division will mark the complaint as “Resolved Satisfactorily,” indicating that you are pleased with the outcome; “Resolved Unsatisfactorily,” indicating that the mover made an effort to resolve the dispute but you were still displeased with the outcome; or “Unresolved,” indicating that the mover responded to the complaint but made no attempt to resolve it. These descriptions and their meanings will be shared with other consumers that inquire about the moving company.
In the end, the responsibility of the Division is to 1) ensure that the mover is in compliance with the law; and 2) act to resolve ongoing disputes through mediation. The Division of Consumer Services welcomes all complaints; however, for interstate moves there is an additional step.
If you are moving from one state to another, or interstate, and have a complaint with a mover that is not a member of the FMWA, you will need to file it with the Federal Motor Carrier Safety Administration (FMCSA). Consumers may either fill out the Commercial Consumer Complaint form found on the FMCSA website, www.protectyourmove.org, or call the Complaint Hotline at 1-888-DOT-SAFT(1-888-368-7238) where a FMCSA representative will assist you with your complaint 24 hours a day, seven days a week. Your complaint will be maintained in the FMCSA’s database. If the agency determines that enforcement action is warranted, you may be contacted for additional information. Remember, to file a complaint with the FMCSA, you must be making an interstate move. This process is not necessary if you are moving within Florida.
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Florida Movers and
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