Last Updated August, 28 2020
ALL DEPOSITS ARE FINAL AND NON-REFUNDABLE
Procedures Governing the Processing, Investigation, and Disposition of Overcharge, Duplicate Payment, or Over collection Claims
SECTION 1: APPLICABILITY
The regulations set forth in this rule govern the processing of claims for over-charge, duplicate payment, or over collection for the transportation of property in interstate or foreign commerce by motor common carriers and freight forwarders licensed by the Department of Transportation.
SECTION 2: DEFINITIONS
- “Carrier” refers to a motor common carrier or freight forwarder licensed by the Department of Transportation.
- “Overcharge” refers to an over-charge as defined in Sections 204a (6) and 406a (6) of 49 CFR 1008. It also includes duplicate payments as defined in Paragraph 3 and over-collections as defined in Paragraph 4 of this section when a dispute exists between the parties concerning such charges.
- “Duplicate payment” refers to two or more payments for transporting the same shipment. When one or more payment is not in the exact amount of the applicable tariff rates and charges, refunds shall be made on the basis of the excess amount over the applicable tariff rates and charges.
- “Over collection” refers to the receipt by a household goods carrier of a payment in excess of the transportation and/or accessorial charges applicable to a particular shipment of household goods as defined in 49 USC 13102 (10) and 10102 (11) in carrier’s applicable tariffs.
- “Unidentified payment” refers to a payment which Keep On Moving Company has received but which the carrier is unable to match with its open accounts receivable or otherwise identify as being due for the performance of transportation services.
- “Claimant” refers to means any shipper or receiver, or its authorized agent filing a request with the carrier for the refund of an over-charge, duplicate payment, or over-collection.
SECTION 3: FILING AND PROCESSING CLAIMS
- A Claim for over-charge, duplicate payment, or over-collection shall not be paid unless filed in writing with the carrier that collected the transportation charges. The collecting carrier shall be the carrier to process all such claims. When a claim is filed with another carrier that participated in the transportation, that carrier shall transmit the claim to the collecting carrier within 15 days after receipt of the claim. If the collecting carrier is unable to dispose of the claim for any reason, the claim may be filed with or transferred to any participating carrier for final disposition.
- A single claim may include more than one shipment, provided the claim on each shipment involves:
(1) The same tariff issue or authority or circumstances;
(2) Single line service by the same carrier; or
(3) Service by the same interline carriers
SECTION 4: FILING AND PROCESSING CLAIMS
- Claims for over-charge, duplicate payment, or over-collection shall be accompanied by sufficient information to allow the carrier to conduct an investigation and pay or decline the claim within the time limitations set forth in Section 8. Claims shall include the name of the claimant, its file number, if any, and the amount of the refund sought to be recovered, if known.
- Claims for overcharge shall be accompanied by the original freight bill, Additional information may include, but is not limited to, the following:
(1) The rate, classification, or commodity description or weight claimed to have been applicable.
(2) Complete tariff authority for the rate, classification, or commodity description claimed.
(3) Freight bill payment information.
(4) Other documents or data which is believed by claimant to substantiate the basis for its claim.
- Claims for duplicate payment and over-collection shall be accompanied by the original freight bill(s) for which charges were paid and by freight bell payment information.
- Regardless of the provisions of Paragraphs a, b, and c of this section, the failure to provide sufficient information and documentation to allow the carrier to conduct an investigation and pay or decline the claim within the allowable time limitation shall not constitute grounds for disallowance of the claim. Rather, the carrier shall comply with Section 5. (c) to obtain the additional information required.
- The carrier shall accept copies instead of the original documents required to be submitted in this section where the carrier is furnished with an agreement entered into by the claimant that indemnifies the carrier for subsequent duplicate claims that might be filed and supported by the original documents.
SECTION 5: INVESTIGATION OF CLAIMS
- Upon receipt of a claim—whether written or otherwise—the processing carrier shall promptly initiate an investigation and establish a file, as required by Section 6.
- If the carrier discovers an over-charge, duplicate payment, or over-collection which has not been the subject of a claim, it shall promptly initiate an investigation and comply with the provisions in Section 9.
- In the event that the carrier processing the claim requires information or documents in addition to that submitted with the claim, the carrier shall promptly notify the claimant and request the information required. This includes notifying the claimant that a written claim must be filed before the carrier becomes subject to the time limits for settling such a claim under Section 8.
SECTION 6: CLAIM RECORDS
Upon receipt of a claim, the carrier shall create a separate file and assign it a successive claim file number, subsequently noting that number on all documents filed in support of the claim and all records and correspondence with respect to the claim, including the written acknowledgment of receipt required under Section 7. If pertinent to the disposition of the claim, the carrier also shall note that number on the shipping order and delivery receipt, if any, covering the shipment involved.
SECTION 7: ACKNOWLEDGMENT OF CLAIMS
Within 30 days after receiving a written claim, the carrier shall acknowledge its receipt in writing to the claimant—except when the carrier shall have paid or declined the claim in writing within that period. The carrier shall include the date of receipt in its written acknowledgment and also shall enter this date on the face of the written claim, which shall be placed in the file for that claim.
SECTION 8: DISPOSITION OF CLAIMS
Within 60 days after receiving a written claim, the carrier shall pay, decline to pay, or settle the claim—except when the claimant and the carrier agree in writing to a specific extension based on extenuating circumstances. If the carrier declines to pay a claim or makes settlement in an amount different from that sought, the carrier shall notify the claimant, in writing, of the reason(s) for its action, citing tariff authority or other pertinent information developed as a result of its investigation.
SECTION 9: DISPOSITION OF UNIDENTIFIED PAYMENTS, OVER-CHARGES, DUPLICATE
PAYMENTS, AND OVER-COLLECTIONS NOT SUPPORTED BY CLAIMS
- (1) The carrier shall establish procedures for identifying and properly applying all unidentified payments. If a carrier does not have sufficient information with which properly to apply such a payment, the carrier shall notify the payor of the unidentified payment within 60 days of receipt of the payment and request information which shall enable it to identify the payment. If the carrier does not receive the information requested within 90 days from the date of the notice, the carrier may treat the unidentified payment as a payment of freight charges in fact owed to it. Following the 90-day period, the regular claims procedure under this part shall be applicable.
(2) Notice shall be in writing and shall clearly indicate that it is a final notice and not a bill. Notice shall include: the check number, amount, and date; the payor’s name; and any additional basic information the carrier is able to provide. The final notice also must inform payor that:
(i) applicable regulations allow the carrier to conditionally retain the payment as revenue in the absence of a timely response by the payor; and
(ii) following the 90-day period the regular claims procedure shall be applicable.
(3) Upon a carrier’s receipt of information from the payor, the carrier shall, within 14 days:
(i) make a complete refund of such funds to the payor; or
(ii) notify the payor that the information supplied is not sufficient to identify the unapplied payment and request additional information; or
(iii) notify the payor of the carrier’s determination that such payment was applicable to particular freight charges lawfully due to the carrier.
(4) When a carrier that participated in a transportation movement but did not collect the transportation charges, finds that an overpayment has been made, that carrier shall immediately notify the collecting carrier. When the collecting carrier (whether single or joint linehaul) discovers or is notified by such a participating carrier that an overcharge, duplicate payment, or over-collection exists for any transportation charge which has not been the subject of a claim, the carrier shall create a file as if a claim had been submitted and shall record in the file the date it discovered or was notified of the over-payment. The carrier that collected the charges shall then refund the amount of the over-payment to the person who paid the transportation charges or to the person who made duplicate payment within 30 days from the date of such discovery or notification.
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