Utah does not have any state law or regulation that requires a local license for moving companies. It does not regulate movers. So, if a person experiences the loss of or damage to their belongings when they move within the state of Utah, they would look to standard common law actions for their remedy. These are explained below.
A move from one state to another is an interstate move. In Utah, interstate moves are regulated by the Federal Motor Carrier Safety Administration (FMCSA). In an interstate move, a moving company must provide its customer with a written estimate of total charges or a guaranteed total price. If a person works through a broker and the broker gives them an estimate, the estimate must be in writing.
If the federal Carmack Amendment applies, and it does apply to all interstate moves, it effectively limits the liability of moving companies. Specifically, the damages that a moving company must pay if a customer’s belongings are damaged or destroyed is an amount equal to the value of the loss of the goods.
In order to ensure that the Carmack Amendment applies, a moving company must issue a receipt or bill of lading for the property that the carrier transports. The moving company is responsible for any damage to belongings that it has transported. The owner does not have to prove that the carrier has been negligent in any way.
The carrier may avoid liability by proving that one of the exceptions to Carmack liability applies if one of the following circumstances caused the damage:
- An act of God
- The act of a public enemy
- An act or default by the person shipping the items
- The act of a public authority
- The inherent nature of the goods shipped.
The statute of limitations for a Carmack Amendment claim is 9 months from the date of the loss. The parties to an interstate moving agreement are able to change the provisions of federal law that apply to a move. They can also change liability for entities in the chain of transport. The parties would want to be sure to put their agreement in writing.
A person might have experienced a significant loss from a clear fraud, e.g., the moving company collects a large deposit and disappears without providing any service. If that is the case, they would want to talk to a local Utah lawyer. Their lawyer might advise them to report their experience to law enforcement as they may have been the victim of a crime. Then, they could discuss the possibility of suing the moving company for damages.
What a person does if they experience a problem with a moving company would depend on the nature of the problem and the type of move, whether interstate or intrastate. The first step would be to notify the moving company about any problems. A person should submit a complaint in writing to their moving company as soon as they learn about the problem.
A person may also file a complaint with the appropriate federal agency if their move was an interstate move. They would contact the Federal Motor Carrier Safety Administration (FMCSA, Office of Motor Carrier Analysis, 1200 New Jersey Avenue SE, Washington DC 20290, call 1-888-368-7238, or visit their website.
However, the FMCSA does not resolve claims. They might obtain a settlement offer from the moving company. If a person is not satisfied with the offer, they would want to file a lawsuit.
It may also be possible, on occasion, to join a class action lawsuit against a moving company. In one reported class action lawsuit, the customers alleged that a moving company ran a scheme in which it held their invaluable family heirlooms hostage after loading them onto their moving vans. The moving company then demanded that their customers pay cash ransoms amounting to a thousand dollars to get the return of their property.
The customers sought $5 million in damages, alleging that the moving company held their property ransom. When they paid the ransom, their belongings were returned in a damaged condition, and some items were never returned.
The type of lawsuit a person may file would depend on the unique facts of their situation.
