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Onus is on shippers to ask for overpayment refunds

Oct 31, 2016 at 11:14 AM CST
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http://www.joc.com/regulation-policy/transportation-regulations/us-transportation-regulations/onus-shippers-ask-overpayment-refunds_20161030.html

Q: A carrier that is being overpaid on freight bills isn’t notifying the payer and refunding the money unless the payer’s audit finds the overpayment.

The carrier is holding on to the overpayment portion of the monies paid for a minimum of three years. After that, the money is put into a “pot” (I have no idea what happens to the “pot.”), and the carrier doesn’t refund any overpayments unless the payer bills them.

Also, when this carrier rebills a shipper — i.e., short pay on an original bill, payer claims the bill was lost or incorrect or can’t be identified, etc. — the carrier reissues an invoice and changes the last two digits of the invoice number. So when the customer keys it into their system (or their freight payment plan), it appears to be a different invoice, and I assume the carrier is hoping for a double payment or payment for a shipment never handled.

This can’t possibly be legal under common law or commerce law, can it?