Do movers have to offer arbitration?

Interstate household goods movers are required by federal rules to offer customers a neutral arbitration program for disputes about loss, damage and charges. For moves inside one state it depends on the state and your contract.

Does arbitration cost money?

There is usually a fee, and how it is shared is set by the program rules. It is normally far cheaper than litigation.

Is an arbitration decision final?

In many programs the decision is binding on both sides once you enter the process. Read the program rules before you agree to take part.

Is the old AMSA arbitration program still running?

The American Moving and Storage Association no longer operates as a standalone association and its industry role moved under the American Trucking Associations. Your right to a neutral arbitration program on an interstate move comes from the federal rules, not association membership.

Moving Guide

AMSA's Moving Dispute Resolution and Arbitration Program

Published February 6, 2013 · Written for MovingGuru readers since 2013

The short answer

Arbitration is a neutral third party deciding a moving dispute outside court. Federal rules require interstate household goods movers to offer a neutral arbitration program to customers for disputes over loss, damage and charges. You normally file a written claim with the mover first, and if it is not resolved you request arbitration. Moves inside a single state follow that state's rules and your contract instead.

Got beef with your mover?

The American Moving and Storage Association (AMSA) offers a program that allows you to voice your concerns.

The AMSA’s arbitration program allows customers to file complaints against their moving companies. Then a third party decides who owes who what. The moving company must be a member of the AMSA or otherwise have in their contract that the arbitration program applies. If not, the only place to turn to is the courts.

Read on to learn about the different disputes the moving dispute resolution program covers and when it’s best to use.

Types of Disputes the Moving Arbitration Program Covers

The AMSA’s arbitration program covers two broad subjects: (1) billing disputes and (2) damages disputes.

Billing disputes – If you feel that your moving company has unfairly charged you too much money, whether it be for services you didn’t want or a price you didn’t agree to, then you can ask that the AMSA take a look at your case.
Property damage disputes – If your moving company damaged something en route, you can try to get repaid for the loss.

In either case, you must try to resolve the issue with the moving company first. You should also carefully read your moving contract before filing a claim with the AMSA.

When Filing a Claim for Arbitration Is a Good Idea

Filing a lawsuit is expensive. It requires filing fees that top $400, costs for service of documents, and an attorney. The AMSA’s arbitration process avoid these costs by giving customers a relatively cheap venue to vent their concerns. Total costs are around $300.

If you have a relatively minor moving-related problem, such as a price that is $1,000 more expensive than you were anticipating or a broken couch, the AMSA’s moving arbitration program is a good option for you.

However, the process can take a while, and it can lead to a decision you don’t want, especially if you don’t know how to best present your case. Therefore, if you have suffered an extensive loss, you should seriously consider hiring an attorney and filing in court.

Even if your movers aren’t member of the AMSA, you still have a right to arbitration for interstate moves under the Carmack Amendment. Additionally, state laws may provide similar provisions for in-state moves.

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How to Dispute a Moving Company’s Bill

Moving Contracts

What Is the American Moving and Storage Association?

What to Do When Movers Damage Your Property

An update to the original article

The article below was written when the American Moving and Storage Association ran a widely used arbitration program and the answer to most disputes was to check whether your mover was a member. That association no longer operates as a standalone body, and its industry work moved under the American Trucking Associations. The practical rule today does not depend on membership at all: an interstate household goods mover must offer a neutral arbitration program, and the requirement sits in the federal household goods regulations rather than in an association rulebook.

How the process normally runs

Step	What happens
1. Written claim	You file a claim with the mover describing the loss, damage or charge in dispute
2. Mover response	The mover acknowledges and then accepts, declines or makes an offer
3. Request arbitration	If unresolved, you ask for the neutral arbitration program the mover is required to offer
4. Documents exchanged	Both sides submit paperwork: estimate, bill of lading, inventory, photographs, invoices
5. Decision	A neutral arbitrator decides. Many programs decide on documents alone rather than a hearing

Deadlines matter at every step, and they are set by your paperwork and the program rules. Read them as soon as a problem appears rather than after a few weeks of phone calls.

What to put in a written claim

Your name, the job number and the pickup and delivery dates.
Each item or charge in dispute, listed separately with an amount.
The document that supports each point: estimate, inventory, bill of lading, invoice.
Photographs with dates where damage is involved.
The resolution you are asking for, stated plainly.

What arbitration can and cannot settle

Type of dispute	Usually handled how
Loss or damage to goods	A claim to the mover first, then arbitration if the claim is refused or underpaid
Charges above the estimate	The same route, with the estimate and bill of lading as the evidence
Delivery delay	Depends on the contract terms and the program rules, so read both
Poor service or rudeness	Not usually an arbitration matter, it is feedback or a regulator complaint
Injury or property damage to the building	Insurance and liability, outside the goods claim process

A claim about goods and a dispute about money are different arguments even when they arrive on the same move, so keep them separate in writing. Nobody can promise an outcome here: an arbitrator decides on the documents, which is exactly why the paperwork matters more than the phone calls. MovingGuru does not run an arbitration program and does not act in these disputes. Before you agree to any process, check the fee, the deadline, and whether the decision will be binding on you.

Most of this is decided earlier than people expect. The moving contract sets out what was agreed, and the estimate type decides whether a higher bill was even permitted.

Interstate and intrastate are different systems

If your move crossed a state line, the federal household goods rules apply and you can also file a complaint with the FMCSA National Consumer Complaint Database. If both addresses were in the same state, the state regulator, the state attorney general or a consumer protection office is the route, and arbitration depends on your contract. None of this is legal advice, and a claim large enough to matter is worth a professional opinion. The companion guide on disputing a moving bill covers the billing side in detail.

Sources: 49 CFR 375.211, arbitration requirement · 49 CFR Part 375, transportation of household goods · FMCSA National Consumer Complaint Database · American Trucking Associations. Rules, programs and prices change, so check the source before you rely on it.

Frequently asked questions

Do movers have to offer arbitration?: Interstate household goods movers are required by federal rules to offer customers a neutral arbitration program for disputes about loss, damage and charges. For moves inside one state it depends on the state and your contract.
Does arbitration cost money?: There is usually a fee, and how it is shared is set by the program rules. It is normally far cheaper than litigation.
Is an arbitration decision final?: In many programs the decision is binding on both sides once you enter the process. Read the program rules before you agree to take part.
Is the old AMSA arbitration program still running?: The American Moving and Storage Association no longer operates as a standalone association and its industry role moved under the American Trucking Associations. Your right to a neutral arbitration program on an interstate move comes from the federal rules, not association membership.

Filed under:Moving Companies Moving Quotes & Contracts Odds & Ends Types of Moves

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