How To Win Against Moving Scam Using BBB Arbitration
People are ripped off everyday by moving companies; but only a few fight back. Here’s the story of a couple that was cheated by their movers, and wouldn’t quit until they got compensated. The couple got a quote from a moving company. But after the truck was loaded and reweighed, the family was told the items weighed 7,000 pounds more than originally anticipated. The couple didn’t want to pay the increased price; unfortunately, they had no choice; they had sold their house and had to be out. Therefore, the family agreed to pay the driver on delivery. Once the couple agreed to the new price, there was little they could do about claiming overcharge in court. But upon delivery, they discovered that an old antique desk had been smashed to pieces, the front yard was torn up by the movers. In short there was damage and loss.
The couple approached every branch of the legal profession they could think of, for help. They finally got a call from an FBI agent, who informed then the FBI was watching the company but couldn’t get involved in their individual problem. The agent recommended that they contact the Better Business Bureau. They contacted the BBB and learned about their binding arbitration program. After asking around, they were told they had a case, but they decided not to go the court route. In the meantime, they heard about BBB arbitration, and decided to try it. One advantage of the BBB arbitration was the volunteer lawyers supplied by the BBB. Saving money on lawyer fees can mean a big difference, when a victim is asking for a relatively small settlement. The BBB was very accommodating, and gave the couple a list of three lawyers to choose from. They were asked to rank the lawyers 1,2,3 and they were subsequently matched with the first lawyer.
The BBB arbitration program is legally designed to resolve disputes between a business and customer that could not be solved through facilitated discussion or mediation. Once the dispute has reached the arbitration level, both parties agree to be bound by the decision. The customer must also agree that regardless of the decision, he will not bring the complaint before the BBB or a court of law in the future. The arbitration can be in person or via telephone.
The first choice lawyer was approved by the BBB, and after failure to solve the problem through less invasive means, a date was set up for arbitration via telephone. The arbitration lasted 3 hours. The victim was allowed to present his entire story, after which the moving company representative made rebuttal. The victim won a great point with his complaint about the broken table. When asked how the table broke, the moving company replied that it was old, and it must have jiggled around during the move. The arbitration lawyer asked the mover how the table could have jiggled around, if, as he had stated, everything was packed tightly, so as to cut down on the cubic feet of the load, (which lessens the moving bill). The moving company was trapped, and in the end arbitration found for the victims. They were awarded 2,500 out of a 5,000 claim.
Once the final decision was handed down, the company had two choices. They could either pay the sum, or face loosing their BBB status. Under those circumstances, and after initially refusing to pay, the company sent a check to the victims.
BBB arbitration, while weaker than court action, is actually quite suited to moving company complaints. Because of a statute called the Cormack Amendment shippers seeking monetary settlement from carriers, (movers), can only apply for recompense of actual loss in small claims court. This is very similar to the BBB regulations, which do not permit arbitration for: “disputes alleging criminal violations, discrimination disputes, labor disputes/claims against individuals, demands for loss of wages, mental anguish, punitive or consequential damages, personal injuries, or claims which go beyond the cost of the product or service involved; nor to disputes which have been adjudicated by a court of law, are currently in litigation, or which may not be arbitrated under the law.
I wish to thank Packing Service Inc. of Florida for sponsoring this article. Packing Service Inc. is an honest packing company that opposes moving scam. They provide New York and Florida Moving Services. They come to the house and give a pre-move moving packing cost estimate, and they help their customers find an honest container shipping company to move their load safely to its destination.
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