Legal Question in Business Law in California
Am I Responsible For Added Fees With A Moving Company?
I hired a moving company to ship my
belongings. I had a partner join in to
split the costs. On the day of the
move, they added over $900 to my
estimate for reasons they never ran
by me, and had my partner sign for it
all, having never shown him the
contract or the original estimate. But
his name, and not mine, is the one in
their database. We've made a partial
payment to begin the shipping, but
after talking with each other we
realize they've kept us misinformed,
either intentionally or accidentally.
Do we owe them these extra fees?
And if not, how do we proceed?
1 Answer from Attorneys
Re: Am I Responsible For Added Fees With A Moving Company?
I'm guessing that this was (or will be) an interstate move between California and Rhode Island. Such moves used to be completely regulated and strictly subject to rates and rules that were in published tariffs approved by and on file with the Interstate Commerce Commission. The ICC would adjudicate disputes under a theory that the tariff rates and rules superseded any contrary private quotations or understandings. Under such a system, most misunderstandings would be resolved under the principle, "Well, what does your tariff say?"
Nowadays, interstate transportation is partly (well, mostly) deregulated, and we no longer have an ICC, Instead, we have, by and large, a free-market free-for-all where anyone with a truck can make a contract for any terms he can negotiate. Well, not entirely, but things are really different than they used to be.
The ICC was replaced with a much less authoritarian Surface Transportation Board, which no longer has statutory power to require filing of rates and rules tariffs for much transportation, but retains some regulatory authority over interstate movement of household goods, i.e. movers. I suggest you start with the STB Web site to see what advice and resources it offers for those with moving contract disputes. I'm traveling at the moment and a bit resource-handicapped, or I'd look it up for you and gve you my results.
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