Cargo owners and importers often assume their only option when a shipping dispute arises is to negotiate with an ocean carrier or absorb the loss. However, federal law provides another powerful remedy through the Federal Maritime Commission. Businesses harmed by unlawful shipping practices may file a complaint under the Shipping Act of 1984 to recover damages and stop unfair conduct.
FMC complaints commonly arise when ocean carriers, freight forwarders, or non-vessel-operating common carriers (NVOCCs) impose improper fees, refuse to release cargo, or engage in discriminatory practices. In recent years, disputes involving demurrage and detention charges have increased dramatically at major Gulf Coast ports such as the Port of Houston, where supply chain congestion can trigger large storage fees and cargo delays.
A formal FMC complaint can seek monetary damages and regulatory relief when carriers violate federal shipping regulations. Common violations include:
- Improper demurrage or detention charges
- Refusal to release cargo despite payment
- Failure to provide cargo availability notices
- Unreasonable or discriminatory shipping practices
- Violations of service contracts or bills of lading
Unlike informal disputes with carriers, FMC proceedings operate similarly to federal litigation. Complaints may involve written discovery, motion practice, and hearings before an administrative law judge. Because these claims arise under federal shipping regulations, it is important for businesses to evaluate their rights quickly before contractual deadlines or regulatory limitations expire.
The maritime attorneys at Gilman & Allison, LLP represent cargo owners, importers, and logistics companies in disputes involving ocean carriers and NVOCCs. When shipping companies impose unlawful charges or wrongfully withhold cargo, filing a complaint with the Federal Maritime Commission may provide a path to recover damages and hold carriers accountable.