Part 378 — Overcharge, Duplicate Payment, and Overcollection Claims
49 CFR Part 378: How carriers must handle shipper claims for billing errors, overcharges, and duplicate payments.
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49 CFR Part 378 establishes the procedures that motor carriers must follow when processing claims from shippers for overcharges, duplicate payments, and overcollections on freight bills. These are disputes over billing accuracy — distinct from cargo loss or damage claims, which are governed separately.
Under Part 378, carriers must acknowledge receipt of a billing dispute claim within 30 days. They are then required to either pay the claim, decline it with a written explanation identifying why the claimed overcharge did not occur, or request additional information. Carriers cannot simply ignore billing dispute claims — the regulation imposes affirmative response obligations with defined timelines.
Part 378 matters particularly in the context of contract carriage arrangements, where rate disputes between shippers and carriers are relatively common. The regulation ensures that shippers have a defined process for challenging bills they believe are incorrect, and that carriers have clear obligations to investigate and respond rather than delay or ignore valid claims.
Key Provisions
- Requires carriers to acknowledge billing dispute claims within 30 days of receipt.
- Carriers must pay, deny with explanation, or request additional documentation within defined timelines.
- Applies to overcharge claims, duplicate payment claims, and overcollection claims.
- Carriers cannot impose unreasonable documentation requirements as a condition of claim processing.
- Distinct from cargo loss and damage claims — Part 370 governs household goods loss claims separately.
Why It Matters to Truck Owners
Freight billing disputes are common in trucking, and Part 378 defines the rules of engagement. Carriers that ignore overcharge claims or fail to respond within required timeframes expose themselves to legal liability and FMCSA complaints. If you’re operating trucks for hire and receiving disputes from shippers about your invoices, you must respond under the framework this part establishes.
Frequently Asked Questions
What is an overcharge claim under Part 378?
An overcharge claim is a shipper’s assertion that a carrier charged more than the lawfully applicable rate for a shipment. This includes billing at the wrong rate, charging for services not performed, or calculating the freight bill incorrectly. Part 378 requires carriers to investigate and respond to these claims within defined timelines.
How long does a carrier have to respond to an overcharge claim?
Carriers must acknowledge receipt of a claim within 30 days. After acknowledgment, they must pay the claim, deny it with written explanation, or make a settlement offer within the timeframes specified in Part 378. The exact pay or deny deadline depends on the circumstances.
Is Part 378 the same as cargo loss and damage claims?
No — Part 378 covers billing disputes (overcharges, duplicate payments, overcollections). Cargo loss and damage claims for household goods are governed by Part 370. General freight loss and damage claims are governed by the Carmack Amendment (49 U.S.C. 14706) and individual carrier tariffs or contracts.
Read the official legal text: 49 CFR Part 378 — eCFR.gov (official)
Related Federal Trucking Laws
- Part 370 — Loss and Damage Claims (Household Goods)
- Part 377 — Payment of Transportation Charges
- Part 373 — Receipts and Bills for Property Transported
This page is provided for informational purposes only and is not legal advice. Always verify current requirements at fmcsa.dot.gov or with a qualified transportation attorney.
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