United States Overcharge Claims
Legal Requirements:
LTL & Truckload Carriers
Governing Code:
49 U.S.C Subtitle IV, Part B
Governing CFR:
CFR 378
Statute of Limitations for filing billing disputes is 180 days.
Statute of Limitation for filing duplicate payments is governed by state laws and usually has No statute of limitations. They are usually considered "Payments Made in Error".
CARRIER LEGAL REQUIREMENTS:
Acknowledgement Required within 30 Days of Receipt
Pay, Decline or Settle within 60 Days of Receipt.
49 USC, Subtitle IV, Part B Website
US CFR 378 Website
Air & Rail Carriers
Governing Law Domestic: Carrier Rules Tariff
Governing Law International: Warsaw Convention or Montreal Convention (Air Carriers Traveling Overseas).
Air & Rail legal requirements are quite ambiguous with these types of carriers. Usually, the carrier's rules tariff governs the requirements for any overcharge claims.
However, for Air Carriers moving freight domestic to international, the Warsaw Convention or Montreal Convention governs the requirements for all overcharge claims.
Ocean Carriers & NVOCC's
Governing Code:
46 U.S.C., Chapter IV, Subchapter B
Governing CFR:
CFR 520.7(g)
CFR 515.23
Per CFR 520.7(g):
Ocean Carriers must Accept Overcharge Claims within 3 Years of the cause of action (ship date).
Per CFR 515.23:
Ocean Carriers have 45 days to Pay or Decline the Overcharge Claim. If the Parties fail to agree on the claim, then on the 90th day the claim can be filed with the FMC. The FMC would review the claim and if it’s valid - pay the claim out of the Ocean Carrier's Bond with the FMC.
46 CFR 520.7 Website
46 CFR 515.23 Website
