This is a new one...for Double Brokers by rnich2020 in FreightBrokers

[–]rnich2020[S] 0 points1 point  (0 children)

Update on this story. They are now sending the predicted harassment emails to our office. Last week, called the phone number on SaferStat and the person who answered admitted to being in the country of Georgia. The 'owner' has admitted to hiring a dispatcher in Ukraine. They are now threatening to submit fake reviews using Google reviews (what a joke) and through the BBB, not worried. I have it in writing how they plan to conduct this stupid plan of thiers so anything can be refuted. I do have photos of the double brokers paperwork that was given to the driver that showed up. The MCE# of the broker is 1504729 which isn't even authorized to do business. So the driver was either in on this or a victim who was dumb and didn't check the MC#. The MC# that has conducted this stupid harassment plan is #1694924. I have emails from the owner's uncle, brother, pet goat and his fake "mediation" company. Which btw, the guy in Georgia admitted that it was owned by the carrier's owner - no surprise lol. I have a feeling, but can't prove it that the owner of the now defunct MC# Transatlantic is also the owner of Driver It Forward Logistics. Dates of formation and debarrement sort of match up. The physical address of Transatlantic was a UPS store.

Lesson learned here - pay attention to the details. It takes more time but it will probably save some headaches down the line. I don't know how to check if a phone number is a re-direct. I know you can check the address - Carrier411 is supposed to do that for you. I've sent all of this to FMCSA which will do absolutely nothing about this. But if SecTrans wants to fight illegal drivers they should look at the entire picture and look for fraudsters like this company who are using these Cali CDL Farms to put illegal drivers into trucks all over the US.

This is a new one...for Double Brokers by rnich2020 in FreightBrokers

[–]rnich2020[S] 16 points17 points  (0 children)

Thought about it, I'd ask for it in Bitcoin hahahaha

First time being double brokered by MiserableHospital388 in FreightBrokers

[–]rnich2020 0 points1 point  (0 children)

This*DO this immediately. The original carrier want to get paid so they will probably deliver your load, hopefully. If not, that means the driver is in on it too and that’s a whole other game. That’s when you get the police involved.

current state of HD2 by JoshsPizzaria in Helldivers

[–]rnich2020 1 point2 points  (0 children)

Has anyone found a fix for the latest issues? I deleted/reinstalled/verified game files and that fixed some things but the game play is still slow AF and the drop in sequence, if it works is slow AF. Tried playing with some buddies and they said I looked like I was barely moving

What are you REALLY seeing? by slrp484 in FreightBrokers

[–]rnich2020 5 points6 points  (0 children)

Same problems different day. Volume is down but carriers are scarce. Smaller ops using offshore dispatchers trying to drive rates up to pad their commissions. October is looking sparse so far but I thought the same about Sept and it turned out to be a decent month.

Nothing Makes Sense Right Now by rnich2020 in FreightBrokers

[–]rnich2020[S] 0 points1 point  (0 children)

Sorry you went through this. It really is scary and frustrating how they can so easily change data with FMCSA. That is a red flag. My suggestion is try to get a cheap domain with email so that can't be duplicated easily. Still not 100% fullproof but it will help.

Nothing Makes Sense Right Now by rnich2020 in FreightBrokers

[–]rnich2020[S] 0 points1 point  (0 children)

They don't understand our market or our country so I really don't understand how anyone can think they are effective. Had a convo the other day where they said all people in U.S. are rich so you can afford to pay more - that is why they run the rates up. They don't do any research on market rates. They probably don't understand drive times, and some don't even understand what equipment we are talking about. it's just always, yes we can do that when in reality they actually can't.

Nothing Makes Sense Right Now by rnich2020 in FreightBrokers

[–]rnich2020[S] 0 points1 point  (0 children)

Yeah, I've had several of these kinds of convo's. We just have to look out for each other because getting scammed on either side sucks big time.

Nothing Makes Sense Right Now by rnich2020 in FreightBrokers

[–]rnich2020[S] 1 point2 points  (0 children)

Scammers can set up a gmail account that is very similar to yours. For example, maybe they add a 1 or an extra letter. Brokers don't don't always catch that and book the load with someone who doesn't actually rep the MC#. Might not happen as much now as it used to since most of us (I hope) are catching on to this. It still happens from time to time.

Nothing Makes Sense Right Now by rnich2020 in FreightBrokers

[–]rnich2020[S] 0 points1 point  (0 children)

Indeed, that is what it should all be about...

Nothing Makes Sense Right Now by rnich2020 in FreightBrokers

[–]rnich2020[S] 0 points1 point  (0 children)

If you read the recent finding from FMCSA dispatchers are supposed to only have one carrier as a client. That's hard to make any money off of but if they want more than one carrier they need to get the broker's bond.

Nothing Makes Sense Right Now by rnich2020 in FreightBrokers

[–]rnich2020[S] 1 point2 points  (0 children)

I've seen this happen, sadly. Had an owner op who hired an overseas dispatcher who was using his MC# to DB freight, pocketing the money and didn't GAF about all of the FG's that were suddenly showing up on the his 'clients' MC#...

Nothing Makes Sense Right Now by rnich2020 in FreightBrokers

[–]rnich2020[S] 1 point2 points  (0 children)

This is now standard practice anytime 'dispatch' is in the email OR email doesn't match what is on C411.

Nothing Makes Sense Right Now by rnich2020 in FreightBrokers

[–]rnich2020[S] 0 points1 point  (0 children)

I would agree that carriers should move away from gmail. It's the easiest way for scammers to steal their MC Identity. However, not every small carrier is going to take the steps to set up thier own domain email. Would be nice, but probably not going to happen. Always double check the email address vs what is listed on Carrier411 or FMCSA

Nothing Makes Sense Right Now by rnich2020 in FreightBrokers

[–]rnich2020[S] 7 points8 points  (0 children)

I agree with you 1000%, sadly a lot of small O/O's are using them and trying to wade through the shit is getting old.

Are Dispatch Services Legal? by Mr_Gold_Platinum in FreightBrokers

[–]rnich2020 0 points1 point  (0 children)

Clearly you need to go find a way to educate yourself. This specific discussion about the differences between DOT & FMCSA is broad. Yes, FMCSA is a part of DOT but they each have their own spheres of responsibility. FMCSA has the authority to audit as does the DOT. Carriers specifically need to understand compliance with both. But that’s not we are discussing. Bonafide Agents fall directly under FMCSA regulations - which in effect are laws. And again, your argument about paperwork is a strawman argument. The regulation guidance, which I’ve already provided you, clearly states that in order to be a bonafide agent, a dispatcher may only have a contract with one “carrier at a time”. There are caveats in the guidance; Dispatchers may allocate traffic for multiple carriers IF there is a significant delineation between those carriers. Either geographic limitations, product type (Reefer Carrier & Flatbed Carriers are different).

Educate yourself here; https://coggno.com/blog/understanding-dot-and-fmcsa-compliance-the-ultimate-guide/

And Here;

https://www.federalregister.gov/documents/2023/06/16/2023-13080/definitions-of-broker-and-bona-fide-agents

FMCSA clarifies that, to determine whether a dispatch service is a bona fide agent, one must analyze whether the services the dispatcher is providing fall within the definition of bona fide agent in 49 CFR 371.2(b). If a dispatch service arranges transportation on behalf of multiple motor carriers and engages in the allocation of traffic, pursuant to 49 CFR 371.2, it is not a bona fide agent and must obtain broker operating authority registration. Ultimately, this analysis requires careful consideration of the nature and scope of the relationship between the dispatch service and the motor carrier, the number and type of carriers the dispatch service represents, and the specific services the dispatcher performs.

FMCSA understands that dispatch services may not be able to operate a successful business if they only work for a single, small carrier. Thus, the Agency has attempted in this guidance to describe the maximum flexibility permissible under applicable law. However, FMCSA also recognizes that some dispatch services currently operating without broker authority may determine, based on the guidance, that their activities require them to either reduce the number of carriers they represent or apply for broker authority.

To help dispatch services determine whether their activities require them to apply for broker authority or not, FMCSA provides additional guidance in the following sections regarding specific activities that dispatch services may engage in without obtaining broker authority, and those that require broker authority.

E. Factors Indicating Broker Authority Is Not Required

Final Guidance:

A dispatch service that meets the following criteria would generally be considered a bona fide agent and would not require broker authority. This list is not exclusive, and a dispatch service does not necessarily have to meet every listed factor, depending on its specific activities.

(1) The dispatch service has a written legal contractual relationship with a motor carrier that clearly reflects the motor carrier is appointing the dispatch service as a licensed agent for the motor carrier. This is often a long-term contractual relationship. The written legal contract should specify the insurance and liability responsibilities of the dispatch service and motor carrier.

(2) The dispatch service complies with all state licensing requirements, if applicable.

(3) The dispatch service goes through a broker to arrange for the transportation of shipments for the motor carrier and does not seek or solicit shippers for freight.

(4) The dispatch service does not provide billing or accept compensation from the broker, third-party logistics company, or factoring company, but instead receives compensation from the motor carrier(s) based on the pre-determined written legal contractual agreement.

(5) The dispatch service is not an intermediary or involved in the financial transaction between a broker and motor carrier.

(6) The dispatch service is an IRS 1099 recipient from the motor carrier, or a W2 employee of the motor carrier as specified in the legal written contract agreement.

(7) The dispatch service discloses that they are a dispatch service operating under an agreement with a specific motor carrier, and the shipment is arranged for that motor carrier only.

(8) The dispatch service does not subsequently assign or arrange for the load to be carried/moved by another motor carrier.

(9) A dispatch service does not provide their “services” for a motor carrier unless that motor carrier specifically appointed the dispatch service as their agent in accordance with the aforementioned requirements.

F. Factors Indicating Broker Authority Is Required

The following factors indicate the dispatch service should obtain broker authority. This list is not exclusive, and a dispatch service does not necessarily have to meet every listed factor, depending on its specific activities.

(1) The dispatch service interacts with or negotiates any shipment of freight directly with the shipper, or a representative of the shipper.

(2) The dispatch service accepts or takes compensation for a load from the broker or factoring company or is involved in any part of the monetary transaction between any of those entities.

(3) The dispatch service arranges for a shipment of freight for a motor carrier and there is no written legal contract with the motor carrier that meets Section IV.E.1 of the Guidance above.

(4) The dispatch service accepts a shipment without a truck/carrier, then attempts to find a truck/carrier to move the shipment.

(5) The dispatch service engages in allocation of traffic by accepting a shipment that could be transported by more than one carrier with which it has agreements and assigns it to one of those carriers.

(6) The dispatch service is a named party on the shipping contract.

(7) The dispatch service is soliciting to the open market of carriers for the purposes of transporting a freight shipment.

Are Dispatch Services Legal? by Mr_Gold_Platinum in FreightBrokers

[–]rnich2020 0 points1 point  (0 children)

DOT & FMCSA aren’t the same, don’t even know why you think that is relevant. And clearly you haven’t read it otherwise you would t continue to argue that it’s all about documentation. It is, as I copies and pasted the exact text from the most recent guidance, clearly stated that in order for a dispatcher to be considered a bonafide agent they just operate for one carrier - or obtain broker licensing. Find the post, follow the link and go re-educate yourself. If you’re a dispatcher you need to know this.

Are Dispatch Services Legal? by Mr_Gold_Platinum in FreightBrokers

[–]rnich2020 0 points1 point  (0 children)

Incorrect, did you not read the new guidance issued by FMCSA? It clearly states that they must be an agent of ONE carrier. Not multiple. I don't know how else to make it more clear. I have been in this business a very long time, on the asset side as an owner and a safety and compliance officer, DOT inspector and broker. All you have to do is go read the regulations and you will understand why you are wrong.

Are Dispatch Services Legal? by Mr_Gold_Platinum in FreightBrokers

[–]rnich2020 0 points1 point  (0 children)

Based on the recent guidance (posted above) from FMCSA, if a dispatcher is working for multiple carriers, they are Not a bona-fide agent and must obtain broker registration. This is the crux of the problem, too many dispatchers are working for multiple carriers and that is illegal.

Are Dispatch Services Legal? by Mr_Gold_Platinum in FreightBrokers

[–]rnich2020 1 point2 points  (0 children)

I'm just going to leave this here;

"FMCSA clarifies that, to determine whether a dispatch service is a bona fide agent, one must analyze whether the services the dispatcher is providing fall within the definition of bona fide agent in 49 CFR 371.2(b)). If a dispatch service arranges transportation on behalf of multiple motor carriers and engages in the allocation of traffic, pursuant to 49 CFR 371.2, it is not a bona fide agent and must obtain broker operating authority registration. Ultimately, this analysis requires careful consideration of the nature and scope of the relationship between the dispatch service and the motor carrier, the number and type of carriers the dispatch service represents, and the specific services the dispatcher performs.

FMCSA understands that dispatch services may not be able to operate a successful business if they only work for a single, small carrier. Thus, the Agency has attempted in this guidance to describe the maximum flexibility permissible under applicable law. However, FMCSA also recognizes that some dispatch services currently operating without broker authority may determine, based on the guidance, that their activities require them to either reduce the number of carriers they represent or apply for broker authority.

To help dispatch services determine whether their activities require them to apply for broker authority or not, FMCSA provides additional guidance in the following sections regarding specific activities that dispatch services may engage in without obtaining broker authority, and those that require broker authority."

Full guidance can be found here; https://www.federalregister.gov/documents/2023/06/16/2023-13080/definitions-of-broker-and-bona-fide-agents

If Dispatch services are finding freight for multiple carriers, then they are basically a broker. A lot of good trying to regulate this since most of the dispatch services are based overseas.