Tuesday, September 25, 2012

Reasons to Check out a Mover

The Inspector General's Office has released the names of fugitives wanted for prosecution involving Moving Fraud. The link below also contains information to report interstate fraud. Check it out.

http://www.oig.dot.gov/wanted-fugitives

Don't become a victim of Moving Fraud. Investigate the company before you hire. Find licensed movers at www.njmovers.com

Wednesday, August 15, 2012

Illegal Movers busted in NJ Sting

Attorney General Jeffrey S. Chiesa and the New Jersey Division of Consumer Affairs are charging 25 unlicensed moving companies, resulting from "Operation Mother's Attic II," an undercover sting operation
that took place from July 23 through July 26. In its initial phase, Consumer Affairs investigators posed as consumers seeking to make a typical household move within New Jersey. The investigators booked appointments with known unlicensed movers who advertised on Craigslist, Angie's List, and other online venues.

"One moving company sent a truck that should not have been on the streets because it was uninsured. Another sent a truck that was declared unsafe and unfit for use. Several of the movers were wanted on outstanding warrants, including two who were wanted by U.S. Immigration and Customs Enforcement," Acting Director Eric T. Kanefsky said. "These examples illustrate the dangers consumers face when they hire unlicensed movers."

"Predatory movers have been known to hold customers' property hostage as a form of extortion, then demand thousands of dollars more than the price their customers originally agreed to pay," Attorney General Chiesa said. "We are enforcing New Jersey's licensing laws in order to protect consumers from this type of abuse, and protect the interests of the many movers who operate honestly and in compliance with the law." Acting Director Kanefsky noted that the Division of Consumer Affairs received 119 complaints from consumers about moving companies in 2011 alone.

Under State law, all movers who operate intrastate, that is, point to point within New Jersey, must be licensed by the Division of Consumer Affairs. Licensed movers must protect consumers' goods by maintaining cargo liability insurance, workers' compensation insurance, and bodily injury and property damage insurance. Licensed companies also must maintain a bona fide business address in New Jersey. They must register each moving vehicle they use in the state, and keep the vehicles insured and in compliance with inspection requirements. Movers must also provide consumers with a written estimate of the cost of the move.
Some statistics from the sting operation:

■A total of 11 individuals were arrested, including those mentioned above. Nine were wanted on open warrants for unpaid traffic fines or child support. Two were wanted by Immigration and Customs Enforcement and were turned over to ICE custody after being detained by State Police.

■At least 11 of the unlicensed movers advertised on Craigslist. At least seven had their own, deceptively professional-looking websites. At least one advertised on Angie's List. The rest were listed in online third-party moving websites or other Internet venues. Attorney General Chiesa noted that an attractive online listing does not mean a company is licensed or reputable. It is important to verify a company's operating authority and compliance history by contacting the Division of Consumer Affairs. This should be done prior to requesting an estimate or seeking a company's references.

■Despite the requirement that moving companies keep their vehicles properly registered and insured, two unlicensed movers appeared in Budget rental trucks. After being stopped, one unlicensed mover surrendered his rental truck at the investigation site and called for its pickup by a rental dealership representative.

All 25 unlicensed movers who booked appointments with the Consumer Affairs investigators now face Notices of Violation and civil penalties - including three "no-shows," whose moving crews did not show up for the appointments. Each company faces a civil penalty of up to $2,500. Companies who apply for licensure within 30 days can have their penalty reduced to $1,250. Each mover has the option of requesting an administrative hearing to contest the Notice.



Monday, July 16, 2012

Congress Passes Highway Bill

President Obama signed into law on July 6, 2012 legislation to continue federal funding for highway and bridge improvement projects through September 2014. This bill also significantly toughens household goods entry requirements to help rid the industry of rogues; it protects the Carmack Amendment; it lays the groundwork for possible improvement to the hours-of-service rule; it mandates electronic logging devices; it provides a process for expediting CDLs for veterans; it cracks down on reincarnated carriers; and it establishes a national alcohol and drug clearinghouse.




Wednesday, July 11, 2012

NEW JERSEY FEDERAL COURT DISMISSES CLASS ACTION SUIT BY INDEPENDENT OPERATORS

Last week, a federal court in New Jersey dismissed a federal Fair Labor Standards Act class action, filed against Ironbound Express last year by independent operators who claimed that they were misclassified. ATA, along with the NJMTA, filed an amicus brief in the case, arguing that under the “right of control” standard, the plaintiff drivers were properly deemed independent contractors. The court agreed: it applied a six-factor test to determine whether the drivers were independent contractors or employees. The court concluded that four of those factors (right of control; opportunity for profit or loss; investment in equipment; and special skill requirements) weighed in favor of independent contractor status, while only two of the factors (permanence of working relationship; and degree to which the service is integral to the business) were suggestive of an employer-employee relationship. On balance, the court held that “the circumstances of the whole activity” demonstrated that the drivers were independent contractors, and dismissed their claims. (American Trucking Associations)