Alleged Release of Liability in Pre-Hire Form for Background Checks Lands Employer in Court Defending Individual and Class Wide Claims of Willful FCRA Violations

By:      Gerald D. Borovick The Massachusetts Court of Appeals issued a significant decision regulating the hiring process in the Commonwealth in a case called Kenn v. Eascare, LLC, 22-P-1017 __ Mass. App. Ct. __ (Jan. 8, 2024).  Kenn resolves whether a former employee has standing to assert individual and class wide claims against her employer … Read more

Summary of New Hampshire 2023 Regulatory Changes for Household Goods Carriers

By:      Gerald D. Borovick New “interim” rules covering intrastate household goods transportation in New Hampshire went into effect April 27, 2023.  The Road Toll Bureau, a division within the NH Department of Safety, recently obtained approval for the interim rules proposed which it deems necessary to regulate household goods carriers in New Hampshire in … Read more

Individual Shipper’s Massachusetts State-Law Claims, Including 93A, Preempted by Carmack Amendment

By:      Gerald D. Borovick A federal judge in Boston recently ruled an individual shipper’s suit against a California-based moving company following his move from San Francisco to Cambridge is governed exclusively by the Carmack Amendment to the ICC Termination Act of 1995.[1]  With this ruling, the district of Massachusetts is now firmly with other … Read more

Individual Shipper Gets Significant Damages And Attorneys’ Fees After Arbitration Program Becomes An Issue In Case

By:      Gerald D. Borovick An individual shipper was awarded $133,533.00 in satisfaction of his actual damages and over $18,000 in attorneys’ fees plus pre- and post-judgment interest in a troubling case involving a residential interstate HHG move.[1] The mover was ordered to pay a majority of the individual shipper’s attorneys’ fees, the increased price … Read more

FMCSA Updates Household Goods Consumer Protection Rules Following FAST Act HHG Working Group Recommendations

By Gerald D. Borovick   Changes to household goods motor carrier and broker procedures and paperwork for communicating FMCSA’s consumer protection information, estimating, booking and contracting with consumers for interstate moves are scheduled to take effect June 27, 2022.[1] FMCSA’s Commercial Enforcement Division promulgated its Final Rule which adopted certain recommendations made to it by … Read more

Unpacking Some Of FMCSA’s Proposed Changes To Federal Mover Household Goods Consumer Protection Rules

By Gerald D. Borovick The FMCSA proposes adopting certain recommendations made to it by a “working group” to change Federal household goods Consumer Protection Regulations motor carriers (Movers) are required to follow when providing interstate household goods transportation or service to an individual consumer shipper (the Individual Shipper).[1]   The intent is to update outdated … Read more