Broker is charging fines-receivers fault. What rights do we have?

Short story: Broker is charging fines to us that aren't our fault (caused by the receiver), need to know how to fight them or report them.

Long story just for full disclosure.
Loaded an order that was set to deliver Friday. My driver arrived at the receiver on site, the lumper service took 2 pallets off the trailer and saw several shifted pallets requiring a re-stack, maybe 7-8 but they stopped counting. Stopped and told our driver we would need to pay to have them re-stacked. He called us and the broker, everyone agreed to have the pallets re-stacked, broker would reimburse us and get it from the customer.

However, the receiver decided they did not want to have the load reworked or reimburse the lumper fee, because the re-stack was projected to take 4-5 hours minimum. The facility manager had the lumper service put the pallets back on our trailer, rejected the load, and told our driver to leave. Driver drove 3 miles off site for 10 hours waiting for a solution until the owner pulled the truck (receiver is night time only) and told the broker to reset the appointment since our drivers are contracted not to work on the weekends, but we would deliver at the next available appt during the week. After several screaming matches they agreed to do so, even added re-consignment pay. Now the shady part.

We come in Monday, they had reset the appointment for 4am and did not tell anyone or resend a new rate confirmation. Now they're yelling at us for missing the delivery and showing us vague emails sent AFTER the driver was instructed to leave the first time that say our DRIVER was the one who refused to pay for the re-stack, told the lumper service to put the pallets back on his trailer and just left, without any instruction from the receiver, which did not happen.

Several more screaming matches we get it worked out with them to redeliver Tuesday night, but they refuse to send a new rate confirmation with the updated time, stop responding to email when I ask for official documentation. Tell them we're not delivering the load based on their emailed update, get more threats, saying we're holding the load hostage, they're going to press charges if we don't deliver, but no rate con.

End up having to call carrier relations. The first girl was incredibly nice, seemed genuinely concerned and wanting to help, but once discovered the load was still in progress, I get the a guy who claims the pallet/load shifting is our drivers fault, they're going to file a claim for the damaged product after its off, and driver/we needed to accept responsibility, refusing to acknowledge the possibility the shipper/receiver may have caused these issues. Finally get a new rate con from him, but now they have a line added that they're allowed to charge the re-stack of the pallets to us.

Their rate con states if we report shipper load and count and send pictures we *may* not be held liable for the re-stack since it could not be inspected, but they're now refusing communication or acknowledging this is on their rate con that they signed. We didn't have any problem getting a new rate con with the re-consignment, but received a huge amount of push-back for one with the new delivery.

Our driver was not allow to inspect the pallets prior to the doors being sealed due to COVID, but the order was secured with two load bars. It looks like they loaded the pallets down either wall and left a huge cap in the center of the trailer, cases of soda. We sent pictures to our insurance company and they agreed to trailer was loaded improperly, barely shrink wrapped, no cushions to prevent them from moving, and there was nothing we could have done to avoid this given the situation.

These guys are being extremely shady and we're positive they're going to deduct the restack from our payment, if not more, after delivery. They're repeatability claiming they're now losing money on the load and their unwillingness to provide the new rate confirmation and adding that line after-the-fact make me believe they're about to try and stick it to us once the load is off our trailer. I've asked for physical and/or verbal confirmation that our rate would not be deducted from what was stated, and they are refusing to answer the question, calls, or emails. The owner does not want to deliver the load now but I told him we have an agreement to do now and need to uphold our end, even if they attempt to screw us afterward.

The lumper facility stated the restack was going to be roughly $30 a pallet, not including the additional time involved. What rights do we have, legally or through the FMSCA handbook, besides filing on their bond for short pay, to prevent them from charging this back to us or charging other fines? (that possible missed delivery from Monday)

We're a small company and lost 2 loads / 2 days because of this, having to pay two drivers to complete it. The unprofessionalism of this broker is something I want to get reported as well.

 

Only problem we have with TQL is half the time we can't get them to honor detention, but that's case by case depending on which office you're dealing with. TQL is one of our biggest customers, actually enjoy working with them.

Broker is MegaCorp. I worked for another company who refused to haul for them because of short pays and unpaid invoices.
2nd and last load with them, both were screwed up but the agents on this one are blowing it out of proportion.

But this seems to be an issue every few months with different brokers. The question is specifically about this case, but really looking for knowledge to defend ourselves in future situations.

 

I haven't reached out to them. I thought they were geared more towards small carriers and O/Os. I appreciate the suggestion, I'll look into them in the morning.