Rate confirm

Discussion in 'Ask An Owner Operator' started by White chicken, Apr 24, 2022.

  1. White chicken

    White chicken Bobtail Member

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    Hi everybdy
    I have ??? about who can invetigate companie who changing, cutting rates of confirm and stealing money from driver??? i mean where i can claim about conp who change rates and etc
     
  2. GreenPete359

    GreenPete359 Road Train Member

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    Talk to a lawyer. The company won’t hand info out like that to just anyone, especially if they’re skimming off the top. A lawyer can use the courts to force them to provide you want you want.
     
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  3. Old Man

    Old Man Road Train Member

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    Best to just cut your losses and find another company.
    Unless it’s really big money it’s not worth it.
     
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  4. wichris

    wichris Road Train Member

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    Move to a carrier where you negotiate with the broker. Problem solved.
     
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  5. ProfessionalNoticer

    ProfessionalNoticer Road Train Member

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    If you're leased on to a carrier and/or running for a broker the FMCSA has made a regulation that brokers and lessors must keep detailed records of the rates they get from their customers and make those available to you upon demand. I think one is under 371 and the other is under 376. You'll have to do some research on it. Maybe call the FMCSA directly and get the statute numbers. Or call Seaton and Husk to lawyer up.
     
    Last edited: Apr 24, 2022
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  6. TallJoe

    TallJoe Road Train Member

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    What does it take, in terms of time and money, to lawyer up?
    Do those law practices care about claims not exceeding a certain amount, so it is worth their while to take a case like that?
    For example, if there is a claim of no more than $2000, other than the matter of principle, after lawyers' fee involved, time spent involving it, is it even financially worth it for an individual o/o? Of course, if you are more than a few trucks fleet and there is more than $20K worth of unpaid invoices at stake, it is a different ball game, but a solo o/o with unpaid detention, an invoice here and there...has to look at it also from a pragmatical angle.
    I can imagine that some fraudsters would buckle out quickly after one firm call from a reputable lawyer, but how often is that the case?

    In the case of the op, if I get it correctly, he is leased onto a carrier that falsifies the rate confirmations, so surely there would have to be an evidence that it is true. I think, he would have to retain a lawyer to ask the court to subpoena the carrier for the original rate confirmation and do the same to the brokerage involved. Of course, the op must feel firm about the foul play because if it turns out to be a false accusation, the costs of discovery may be all on him.
    I would absolutely quit a relationship with a carrier if I strongly suspected any fraud from them.
     
  7. snowwy

    snowwy Road Train Member

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    Lawyers don't take up cases unless there's proof a case is there.

    I'm betting the op has no proof.
     
  8. Siinman

    Siinman Road Train Member

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    Lawyers will do anything for money. That is why they require a detainer to do work like this. Nothing new for them to do and they just hand it off to the paralegal.
     
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  9. ZVar

    ZVar Road Train Member

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    Bull crap!. Lawyers don't work on commission unless it's a very good chance of winning sure. They will however gladly charge you their hourly fee for a case that has little to no chance of winning.