Heavy Duty Trucking Logo
MenuMENU
SearchSEARCH

FMCSA Wants Authority to Enforce Freight Broker Violations Amid Rising Fraud

The Federal Motor Carrier Safety Administration has asked Congress to give the agency the statutory authority to assess civil penalties for unauthorized freight brokerage violations — both double-brokering and broker fraud problems as well as a significant increase in household goods consumer complaints.

Deborah Lockridge
Deborah LockridgeEditor and Associate Publisher
Read Deborah's Posts
July 24, 2024
FMCSA Wants Authority to Enforce Freight Broker Violations Amid Rising Fraud

FMCSA said assessing civil penalties for freight broker fraud is a convoluted process.

Image: HDT Graphic

4 min to read


The Federal Motor Carrier Safety Administration has asked Congress to give the agency the statutory authority to assess civil penalties for unauthorized brokerage violations — both the double-brokering and fraud problems as well as a significant increase it has seen in household goods consumer complaints.

The report to Congress was in response to the Joint Explanatory Statement accompanying the 2023 Consolidated Appropriations Act, which required FMCSA to report on efforts to enforce regulations regarding unlawful broker activities.

Ad Loading...

The agency noted that a 2019 DOT Administrative Law Judge decision, Darlene Riojas et al., put a hamper on its enforcement efforts.

That decision found that the FMCSA does not have the statutory authority to assess civil penalties for violations of U.S. code regarding regulation of motor carriers, brokers, and freight forwarders. Instead, the FMCSA now must go through the U.S. District Court to pursue civil penalties, including the broker and household goods consumer protection regulations.

“Unless a regulated entity that violates FMCSA’s commercial regulations voluntarily resolves its noncompliance, FMCSA must refer cases to DOJ for enforcement of those regulations," the agency said in its report.

Ad Loading...

“The need to refer cases to DOJ for the assessment of civil penalties for violations of commercial regulations creates a significant barrier to enforcement, including for unauthorized brokerage violations."

FMCSA saw household goods consumer complaints more than double between 2019 and 2021 (receding in 2022 and 2023 but still well above 2019 levels), coinciding with the start of the Covid-19 pandemic and the impact of the Riojas decision.

FMCSA’s inability to assess civil penalties administratively not only for unauthorized brokerage, but also for these HHG violations, has significantly undermined its ability to combat HHG moving and brokering fraud, according to the report.

How the Riojas Decision Changed the Way FMCSA Enforces Broker Regulations

Prior to the Riojas decision, FMCSA assessed civil penalties for unauthorized brokerage violations via Notices of Claim (NOCs). Between 2014 and 2019, FMCSA issued approximately 20 NOCs for unlawful brokerage violations.

Since the Riojas decision in 2019, however, FMCSA has two alternative enforcement mechanisms available for unauthorized brokerage enforcement: Notices of Violation and Letters of Probable Violation.

Ad Loading...

Notices of Violation: FMCSA may issue an NOV to a non-registered entity performing brokerage operations without broker operating authority registration. The NOV will state the violations and the corrective actions the broker must take to comply.

The broker has 30 days to acknowledge receipt of the NOV and submit proof of the corrections. No further action is needed if the broker takes sufficient corrective action within 30 days of the NOV issue date. FMCSA does not propose civil penalties as part of an NOV.

Letter of Probable Violation: An LOPV identifies areas of non-compliance and proposes a civil penalty. The agency said the LOPV can encourage brokers and carriers to enter into settlement arrangements and take corrective actions. Once the LOPV is issued, the broker has 30 days to respond.

If the broker fails to respond or its response is insufficient, FMCSA may refer the case to DOJ for judicial enforcement of FMCSA’s commercial regulations, including the assessment of civil penalties, in federal court.

Recent Efforts by FMCSA to Address Broker Non-Compliance

FMCSA did outline actions it has taken recently to address broker non-compliance.

Ad Loading...

The agency completed a rulemaking on broker financial responsibility in 2023, finalizing regulations regarding:

  • The composition of broker trust funds.

  • Immediate suspension of broker/freight forwarder operating authority registration.

  • Surety or trust responsibilities in cases of broker/freight forwarder financial failure or insolvency.

  • FMCSA enforcement authority.

  • Entities eligible to provide trust funds for broker financial responsibility.

A related issue has been addressing household goods scams. FMCSA’s 2023 Operation Protect Your Move was in response to a significant uptick in complaints against movers and brokers for extorting exorbitant additional charges from consumers.

In addition, in 2023, FMCSA conducted HHG broker investigations in Nevada, New Jersey, New York, and Florida, reviewing 35 HHG and property brokers in total. The agency found 166 violations, closed 544 complaints, and issued 17 Letters of Probable Violation. The agency also conducted four property broker investigations in New York. FMCSA expects to continue its expanded broker enforcement efforts in 2024.

Is Unlawful Brokerage a Safety Issue?

FMCSA said it’s still assessing the relationship between motor carrier safety and unlawful brokerage.

Ad Loading...

While the agency has received multiple expressions of concern from stakeholders regarding fraud related to “double brokering,” it said it doesn’t have the data to quantify or confirm a safety impact.

“The agency does acknowledge an association between motor carriers with poorer safety performance and carriers that lack a verifiable ‘brick and mortar’ principal place of business,” it said in its report.

FMCSA has received comments and other information asserting that use of a virtual principal place of business is more common among entities that engage in unauthorized brokerage.

“As brokers do not typically engage in the actual transportation of goods, however, the direct safety impact of failing to register with FMCSA as a broker is unclear.”

FMCSA said it is considering additional research into the relationship between motor carrier safety and unlawful brokerage.

More Fleet Management

Red Kodiak-branded autonomous tractor with Charger-branded trailer backed up to warehouse
Fleet Management•October 30, 2026

Kodiak Lines Up Fleets for Driverless Trucking

An agreement for 75 trucks, a new Texas freight lane, and progress on safety validation move Kodiak closer to its planned driverless highway launch.

Read More →
Illustration with Star of David and EEOC logo
Fleet Management•by News/Media Release•October 28, 2026

ITS Logistics Settles Religious Harassment Case

The Nevada-based logistics firm agreed to pay more than $396,000 to settle a religious harassment charge involving an employee's Jewish identity.

Read More →
Truck on divided interstate highway driving toward sunrise
Fleet Management•October 27, 2026

Your Trucks Are Busy. That Doesn’t Mean They’re Winning.

High utilization doesn’t always mean strong margins. Looking beyond the current load can help fleets make better dispatch decisions and get more value from each truck’s time.

Read More →
Ad Loading...
ATA economist Bob Costello speaking beside a graph showing truckload operating costs rising as freight revenue per mile declined after 2022.
Fleet Management•by Deborah Lockridge•October 22, 2026

Why This Trucking Recovery Is Different

Freight demand remains sluggish, but rising costs and tougher enforcement have taken enough capacity out of the market to change the outlook for motor carriers.

Read More →
PS Coach tablet interface showing a driver’s coaching inbox, safety event video and coaching advice for a harsh-braking event.
Fleet Management•by News/Media Release•October 21, 2026

Platform Science Adds Dispatch and Safety Tools

Four additions to PS Fleet help fleets monitor loads, manage driver coaching, share truck locations and adjust video system settings.

Read More →
Screen capture showing PrePass Intelligence data on tolls
Fleet Management•by News/Media Release•October 21, 2026

PrePass Intelligence Mines Fleet Bypass, Toll and Safety Data

PrePass Intelligence helps fleets measure bypass savings, flag potential toll overcharges, and spot suspicious transactions by combining data from separate systems.

Read More →
Ad Loading...
Computer screen showing examples of what fleets could ask Motive AI Agents to do
Fleet Management•by Staff•October 20, 2026

Motive Adds AI Agents for Fleet Operations

New tools automate follow-up on fleet data, from maintenance work orders to driver alerts, with two-way voice conversations planned for later this year.

Read More →
Graphic art with a heavy-duty tractor trailer and a work truck with the words "trivia lunch"
Fleet Management•by Lauren Fletcher•October 19, 2026

Can You Beat Our Trucking Trivia Challenge?

Test your truck knowledge with 19 trivia questions from Heavy Duty Trucking Exchange. Can you keep up with the fleet pros?

Read More →
Four horizontal and two vertical video screens show different aspects of BeyondTruck's new compatibility engine
Fleet Management•by Deborah Lockridge•October 19, 2026

BeyondTrucks Adds Rules Checks to Dispatch

New Compatibility Engine checks driver qualifications, equipment requirements and fleet policies before loads are dispatched.

Read More →
Ad Loading...
Gloved hand fueling a truck beside a graphic listing ATRI’s top three trucking concerns for 2026: fuel prices, lawsuit abuse reform and CSA.
Fleet Management•by Deborah Lockridge•October 19, 2026

Diesel Prices Hijack Trucking’s Worry List

ATRI’s annual survey finds cautious optimism about freight, but diesel costs, litigation, and insurance continue to squeeze fleets. Drivers have different priorities on several issues.

Read More →