[Congressional Record Volume 171, Number 21 (Friday, January 31, 2025)]
[Extensions of Remarks]
[Pages E80-E81]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
INTRODUCTION OF THE HOUSEHOLD GOODS SHIPPING CONSUMER PROTECTION ACT
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HON. ELEANOR HOLMES NORTON
of the district of columbia
in the house of representatives
Friday, January 31, 2025
Ms. NORTON. Mr. Speaker, today, I introduce the Household Goods
Shipping Consumer Protection Act. This bill would ensure that the
Federal Motor Carrier Safety Administration (FMCSA) has the tools to
protect consumers from fraud in the interstate transportation of
household goods. Last Congress, the House Committee on Transportation
and Infrastructure passed this bill by a vote of 62-2. Representative
Mike Ezell is co-leading this bill with me. Senators Deb Fischer and
Tammy Duckworth are introducing the companion bill.
Specifically, this bill would clarify that FMCSA has the authority to
assess civil penalties against fraudulent actors that hold consumers'
personal goods hostage, allow FMCSA to leverage states' enforcement of
federal consumer protection laws related to the transportation of
household goods and establish requirements to ensure that motor
carriers, brokers and freight forwarders that seek registration are
operating legitimate businesses.
FMCSA receives thousands of complaints every year from the victims of
fraud related to the shipment of household goods. Fraudsters have
launched moving companies with fake 5-star online reviews to draw in
customers, intending to overcharge customers or to hold their personal
goods hostage until an additional fee is paid. After receiving negative
reviews, fraudsters open a new moving company under a new name and a
new FMCSA license. FMCSA lacks the authority to prevent and punish
these types of fraud.
In 2019, a Department of Transportation Administrative Law Judge
(ALJ) ruled that FMCSA lacks the authority to assess civil penalties
for violations of commercial regulations, including unauthorized
brokerage and failure to return household goods to consumers. This
ruling reversed years of practice and enforcement by FMCSA. As a result
of the ALJ's decision, FMCSA may not assess civil penalties for
violations of commercial regulations. Instead, the Department of
Justice must initiate an action in federal court, which limits
enforcement action and leaves consumers to pay the price. This bill
would clarify congressional intent and provide explicit authority for
FMCSA to adjudicate and assess civil penalties for commercial
regulations and registration requirements.
This bill would also provide explicit authority for FMCSA to withhold
registration from any applicant that fails to provide a valid principal
[[Page E81]]
place of business or disclose common ownership with any other
registered entities at the time of registration. Scam household goods
carriers, brokers and freight forwarders have registered with addresses
where no legitimate operations take place, often designating their
official address as a retail package store, parking lot or business
address unrelated to the registered entity. Allowing FMCSA to validate
this business information up front will help prevent future fraud and
abuse in the truck freight sector.
This bill would also permit states to use Motor Carrier Safety
Assistance Program and High Priority Program funding to ensure
compliance with federal regulations on household goods freight and
consumer protection. It would also codify the existing practice of
allowing states to retain the penalties and fines imposed in
proceedings related to violations of household goods statutes and
regulations. These provisions would support states in their efforts to
protect consumers from predatory practices.
I urge my colleagues to support this bill.
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