While concerned primarily with the enforcement of the various statutes within its jurisdiction, the FMC also offers users of shipping services assistance in resolving their problems with carriers, cruise operators, and other industry entities. For example, Commission staff can:
This list is not exhaustive, but it does convey the wide range of advice and assistance that the Commission can make available. In general, that advice and assistance pertains to any of three areas:
Specific examples are provided, but they are intended to demonstrate, rather than limit, the wide range of assistance available.
The situations and subjects that various firms have brought to the Commission's attention encompass virtually every aspect of business relations. Some matters clearly fall within the jurisdiction of other federal or state agencies, and those are expeditiously referred to the proper persons. Other matters involve violations of the shipping statutes, and these are brought to the attention of the FMC's enforcement staff. Some complaints and inquiries call for interpretations of regulations, while others concern purely commercial disputes. It is in these two areas that the Commission's good offices may be of genuine service. Consider these examples:
Actual complaints and inquiries of all these types, and more, have been received in the past. In some cases, FMC staff have assisted in bringing about an amicable resolution. In others, one party or the other ultimately brought the matter to litigation. In still others, the matter concluded when one side determined that further effort would be fruitless. In general, however, the Commission's efforts helped to clarify the issue.
A significant portion of the problems reported come from individuals employing the services of household goods and automobile movers. Many of these individuals are first-time or very occasional users of shipping services. Consequently, they often are in particular need of information about the many firms operating in these areas. The Commission urges such individuals to call or write us prior to committing to any one firm. If this is done, it is possible to ensure that the firm is a licensed, tariffed, bonded Ocean Transportation Intermediary, NVOCC or freight forwarder.
The FMC does not recommend particular companies, and the use of a bonded firm does not guarantee that your move will be trouble-free. Nevertheless, the vast majority of complaints come from customers of unbonded entities.
Very often, a person realizes too late that a mistake has been made. In these cases, it is especially important that the shipper contact the Commission for assistance. Although certain matters may be beyond the Commission's explicit jurisdiction, we can intervene to assist parties in addressing their concerns. The matters with which FMC intervention may be of help include:
The international movement of personal effects and private vehicles can result in unanticipated problems and unexpected expense. Contact the FMC before you move and improve your chances of success.
The FMC has limited jurisdiction over cruise vessels and operators. Primarily, the Commission ensures that cruise line operators who are embarking passengers from a United States port have evidence of financial responsibility to indemnify passengers in the event of nonperformance or casualty. Passengers are not covered by the Commission's financial responsibility program if they did not embark from a United States Port. Relations between the cruise lines and their customers, however, are contractual matters governed by the terms of the passenger ticket. It is recommended that the cruise patron read that ticket contract carefully prior to sailing, as it delineates passenger rights and provides the answers to many typical questions. For example, patrons sometime attempt to recover fares remitted prior to their emergency cancellations. Readers of the ticket contract can expect to find a schedule of cancellation penalties. Unless cancellation insurance is purchased, the likelihood of additional recovery is very slight. Nevertheless, many disputes that arise between cruise operators and their customers leave room for discussion and negotiation. In some cases, despite our lack of specific jurisdiction or responsibility, the FMC can help to obtain for the patron some form of cash or credit compensation. These are among the types of complaints that the Commission can bring to the attention of the operators:
The FMC welcomes general inquiries pertaining to foreign waterborne commerce. The staff will respond directly, or, alternatively, refer the questioner to the proper source of information.
Voice: (202) 523-5725
Fax: (202) 523-0014
The FMC maintains a consumer affairs program dedicated to the informal resolution of disputes involving providers and users of shipping services. The staff will provide advice and assistance to complainants, or, if necessary, refer them to alternative consumer resources.
Voice: (202) 523-5807
Fax: (202) 275-0059