My first fight with a broker as an Owner Operator

A few quick thoughts here:

• As someone else said before, I don't think things like layovers are covered by a surety bond. Not 100% on that though.
• My two cents, the surety bond insurer probably sides with the broker. You never returned a signed rateconn, and if you do it now the broker will simply point to the date and say "this clearly was returned after the ship date".
• I can tell you from experience that even if the broker is in the right, the likely hood they pay what you are asking and move on if you send a notice to file suit from a lawyer is high. Even if I'm 100% confident I'm in the right with the something like this, the juice isn't worth the squeeze to take it to court.
• Also from experience: Sometimes it is just a smarter business decision to realize that in this industry there are days where you will take an L due to no fault of your own, and to just learn from it (e.g. at the very least never do business with this particular shady player again) and keep marching, rather than go full hellfire and brimstone to try and right the wrong (or "win" the battle).
• Lastly (and this isn't aimed at anyone in particular here), not all brokers lie and cheat, just like not all trucking companies lie and cheat (and believe me, there are plenty that do). Don't stereotype, it's ignorant.

 

well, now OP knows where not trusting the broker got them. By their own admission OP had binding paperwork, so why would they NOT get the trailer. You don't get to have it both ways.

 

Yes because being vindictive and trying to ruin someones business is always the right thing to do. IF that were the case, I promise you'd id have run over 50 carriers right out of town already this year. I mean were talking 150 TONU.....Understandable if its for 5000, but seems a little petty doesnt it? Like if i were that petty id smack every driver who doesnt track with a late fee....but like why even bother its chump change, i just dont get why you want smoke when there is none, be the bigger man, and stop booking loads with clowns. Just call another PO and keep it moving.

 

Smart man. So many scam artists on the load boards. Even to the point DAT has to send out emails about getting hacked and having scammers duplicate LEGIT brokers on the board and steal freight. Here is a good tip. If the broker name is written in all caps - like say ALL STATE ASSOCIATION - they probably up to no good. Just read the reviews for any DAT broker with all capital letters for a name.

Can anyone guess why all the scam brokers use all caps?

 

To be fair it did ruin a weekend so more than 150 bucks

 

For what? I still don't see why he deserves a TONU, I'm sorry, but either way you cut it this was not the broker's fault. You can't claim you have a binding agreement that required a TONU when you got to the shipper after they closed BECAUSE YOU refused to move. You can't claim you are upset the broker gave the load to someone else when you wouldn't get on site to take it. I understand not moving until you get correct paperwork, woudln't want you to. BUT if you and I both agree you have a correct paper work via a paper trail and that the load is yours, then you miss pick up, you get nothing. When the paperwork was wrong the first time and you brought it to their attention and they said, "its your, we'll get you over corrected paperwork ASAP" and you don't move, that's on you. Once they have told you to roll, and you roll, they owe you a TONU (assuming you get there in the time on the RC and it was possible to do so). They tell you to roll, you don't because your RC isn't pretty enough (remember, you have a binding paper trail, which confirms your rate and their intention to give you the load), you don't get a TONU. And if it was my load, I would NEVER have given you the option to pick up Monday because I already can't trust you to be somewhere on time.

 

Honestly, both sides goofed. Both sides are at fault. Getting correct paperwork out in a timely fashion is like... 80% of the broker's job once the load is booked on the phone. OP could have told them, "Hey guys, if you aren't sending the r/c, I'm going to have to find something else," and stick with that. Broker could've offered p/u address and any PO #s or anything like that to get the ball rolling while he sorted out the issue. I can see a number of ways that this could've been resolved on Friday.

Now, whether or not there's binding paperwork, OP did make a good faith effort to make it, and *did* roll the truck. Whether or not there's a disagreement on a binding contract, I personally would have paid a TONU. Dude rolled for me, despite my error in documentation. That's the way I'd handle it. I'm not saying, mind, that this is legally the most correct course of action, nor am I saying that this is the response to expect for everyone. At the end of the day, $75 or $150 is small potatoes to protect my reputation.

 

When the broker can't even get simple details correct, like spelling the carrier's name right, it's not going to take much to ruin his business.

As I said, go direct to the shipper, point out the incompetence, cut out the broker on the next load.

OP should take it as an opportunity.

 

OP should probably not do that. Just about every broker has a back solicitation clause in their master contract. That can lead to legal trouble.

 

For the shipper maybe, not the carrier.

He's not party to that contract.

And that contract does have an expiration date...