Brokers are Making A Killing on these loads! (screen shots)
Discussion in 'Ask An Owner Operator' started by ProfessionalNoticer, Sep 21, 2022.
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There are ways to get around broker/carrier agreements. Now, unless things have changed, I remember from my Business Law class in college that if one party violates a contract, the contract is null and void. For example: A lot of these contracts stipulate that a carrier can only seek recourse from the broker; they can't go after the shipper. Well, if the contract states that a broker is to pay within 21 days, and he doesn't adhere to this, technically he now violated the contract. So a carrier CAN go after the shipper. Do you want to see a broker freak out, sweat bullets, and soil his britches? Threaten him that you are going to sue the shipper.
Agreements also have a clause that states that you can't solicit a broker's customer. No? Well, I'm pretty sure there are ways to get around this. It's probably depends on the state, but I'm pretty sure that FEDERALLY, this violates the Unfair Competition/Anti-trust laws. Now, like I said, it's been a long time and maybe things have changed. So if anyone here is more privy to these issues, please chime in.Last edited: Oct 4, 2022
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Can't speak of the Fed laws but if the customer solicits you then it's fair game. There's tons of ways around their slave papers if you're creative enough to do it.
Same goes for their ridiculous Hold Harmless or Indemnification Clauses. Most states have ruled them flat out illegal now.
I won't haul for TMC and ATS/Sureway because they state they don't have to pay me if they don't get paid! Who agrees to this type of BS?Last edited: Oct 5, 2022
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Solicitation Can Occur Even If The Customer Makes The First Move (At Least, It Can In Central Illinois)
This was the one I was talking about. Took quite a bit of googling to find it. The page also has a PDF link to the court documents as well.
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