The Ocean Shipping Reform Act of 2022 became Public Law 117-146 on June 16, 2022.
On Thursday, July 14, the Federal Maritime Commission (FMC) published interim procedures for parties that need to dispute charges assessed by common carriers that may not comply with the Ocean Shipping Reform Act of 2022 (OSRA-22); referred to as “Charge Complaints” in the advisory notice.
GUIDANCE FOR SUBMITTING “CHARGE COMPLAINTS” UNDER 46 U.S.C. § 41310
Parties interested in filing a “Charge Complaint” with the FMC may do so by following the below steps:
- Identifying the common carrier
- Identifying the specific alleged violations of 46 U.S.C. §§ 41102 and/or 41104(a)
- Gathering and submitting supporting documentation, as appropriate, including:
- Invoices
- Bill of Lading Numbers
- Evidence of whether the charge(s) have been paid
- Confirming that the disputed charge was incurred on or after the enactment of P.L. 117-146 (June 16, 2022)
- Submitting all relevant materials in one email to [email protected]
Once the FMC receives sufficient information, it will promptly initiate an investigation. Ultimately, this course of action could result in a civil penalty and order for a refund of charges paid if the carrier is found in violation.
IMPORTANT TO NOTE REGARDING DISPUTE RESOLUTION:
Investigations by the Commission are for law enforcement purposes and do not constitute representation as attorney for the complainant or a guarantee of refunds.
If the filer chooses to pursue and control their own legal case, including with the assistance of their own attorney if desired, they may do so under 46 U.S.C. § 41301(a) and Part 502 of the Commission’s regulations by submitting a formal or informal complaint.
Persons may also seek alternative dispute resolution services by contacting the Office of Consumer Affairs and Dispute Resolution.
Source: Industry Advisory — Interim Procedures for Submitting “Charge Complaints” Under 46 U.S.C. § 41310
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