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by Nina11004 on March 19th, 2008

Nina11004

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Has any owner operator sued a broker for their fuel surcharge and won?

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  • by GingerL on March 20th, 2008

    GingerL

    Not only has it not happened, such a case would have no legal basis, and therefore could not be won.

    Currently, there is no requirement that a broker must pay a fuel surcharge, or that if it is offered it must be passed through 100%.

    In addition, owner-operators enter a contract when they agree to take a load. You cannot decide, after the fact, that you want more money then you originally agreed to.

    Frankly, it wouldn't matter if there were a mandated FSC, the broker is going to take their cut from the linehaul as they see fit. It is up to truck drivers to determine if a load is profitable, FSC or no FSC, and either negotiate a better rate, or turn down the load. If the load won't move, the rate will have to increase.

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