Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
Hi, thanks for submitting your question today.My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today.
Unfortunately, yes this is legal. This is because there are no laws regulating what a shipper can charge to its customer for fuel surcharge and the shipping industry is free to use whatever formula it desires in making that determination regardless of whether it reflects the actual cost of fuel or not. The truck driver is powerless in the equation as well because they have no say in the amount or formula used between shipper and customer. The only thing you can really attempt to do is renegotiate your rate with the shipper, which is easier said than done because they just may not use you any longer. This is the unfortunate reality of the situation. There have been congressional hearings regarding this, but no law has ever been passed.
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