In 2002, Attorney Auden Grumet represented a group of shippers, who had all been cheated in various ways by unscrupulous interstate movers. The shippers claimed various amounts of emotional distress, which forced at least one of them to seek psychiatric care. According to Grunet’s report of the case, the court only awarded damages on a very narrow scope. .

In describing the decision, Grunet warned that the Federal Laws generally protect moving companies from suits of this nature, and the exceptions to the law were very narrow. Furthermore, he added, considering that the decisions in the various Federal courts are not consistent, on this aspect of the law, it is hard to predict what kind of response a claimant is likely to get, in a given Federal court.

In spite of the fact that Grunet is one of the few Federal Attorneys to win any concessions against moving companies, he indicated that overall, the current law is very unfair to consumers who believe they have been wronged in an interstate move. Grunet responded recently to one consumer who was complaining that she had been cheated by her moving company. The company offered one quote, which she accepted, and than began loading her belongings. At some point during the pickup process the company informed her there were more boxes than were noted on the inventory list. They issued a new price, which she did not agree to, however, she allowed the move to continue. The movers than held her goods for a month, and wouldn’t deliver until she paid the extra sum. Finally they agreed to deliver the goods to her new house. They showed up at the house and she paid the balance due, in cash. However, the money she gave the movers did not cover the additional fee the company was charging, and they simply got back in the truck, drove away and put her goods in storage.

This woman’s plea for help was posted on an Internet legal forum. The first attorney to answer her question was inexperienced in questions of moving scam. Her advice, which reflects the overall ignorance of the law regulating interstate moves, was to sue the company in court for breach of contract. Garnet was the second attorney, and informed the victim that unfortunately, due to a Federal statute known as the Carmack Amendment, [to the Interstate Commerce Act; 49 U.S.C §101 et. seq.], virtually all state laws that are inconsistent with Federal Law, are “preempted,” meaning they are negated or nullified. This means the normal recourse of suit in court for damages and breach of contract, don’t apply to interstate moves.This status quo has been reaffirmed in a legal decision made earlier this year in Werner v. Westwind, 2009 U.S. App. LEXIS 396 (11th Cir. 2009).

Garnet concluded by advising the consumer that he generally concluded that unless the loss, in an interstate move, involves significant losses with significant value, it’s just not worth the uphill battle.

We wish to acknowledge Packing Service Inc. of Florida for sponsoring this article. Packing Service Inc is dedicated to fighting moving scam. They provide New York and Florida Moving Services, including a pre move flat fee, moving packing cost estimate , packing and loading on the day of the move, and free advice to customers regarding the selection of an honest container shipping company that will reliably transport the customer’s goods to their new location .

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