Article II - Resolution Of Household Goods Disputes
(625 ILCS 5/Ch 18C Sub 5 Art II heading) ARTICLE II. RESOLUTION OF HOUSEHOLD GOODS DISPUTES
(625 ILCS 5/18c‑5201) (from Ch. 95 1/2, par. 18c‑5201)
Sec. 18c‑5201. Application of Article. The provisions of this Article apply to the collect‑on‑delivery transportation of household goods for non‑commercial use where:
(1) The dispute relates to the propriety of charges for services rendered or loss of or damage to lading from the loading, unloading, or transportation thereof;
(2) The movement to which the dispute relates was between points in the State of Illinois; or
(3) Either the movement was made under authority issued by the Commission or the movement was such that it could have been lawfully made only under authority issued by the Commission.
(Source: P.A. 84‑796.) |
(625 ILCS 5/18c‑5202) (from Ch. 95 1/2, par. 18c‑5202)
Sec. 18c‑5202. Commission to prescribe dispute resolution procedures.
(1) Within 180 days after the effective date of this amendatory Act of 1995, the Commission shall propose rules specifying the procedures by which disputes between carriers and shippers to which this Sub‑chapter is applicable will be resolved. Upon adoption, the rules will be applicable to all household goods carriers.
(2) Standards for dispute resolution procedures. The rules adopted by the Commission shall be calculated to provide for the objective, expeditious, and inexpensive resolution of household goods disputes, and shall include, without limitation, provisions dealing with: the location of any required hearings; required notifications; whether participation in a dispute resolution procedure is mandatory; and how the fees and costs of the procedures shall be distributed. To the extent authorized by Commission rules, procedures adopted under this Article may specify that dispute resolution services will be provided by the Commission, and in accordance with procedural rules adopted by the Commission.
(3) Grounds for Resolution of Household Goods Disputes. A dispute under this Article shall be resolved adverse to the carrier if:
(a) The carrier assessed a rate not contained in a |
| lawfully applicable tariff or tariffs for such services; | |
(b) The carrier failed to fully apprise the shipper, |
| prior to execution of any contract or contract amendment covering the services, of the lawful rates and charges for such services; | |
(c) Damages to lading occurred during the loading, |
| transportation, or unloading of the shipments, or rendition of any accessorial service by the carrier, its employees or agents, without regard to negligence or fault, and the shipper did not elect in writing to assume liability for all or part of such damages. | |
(Source: P.A. 89‑444, eff. 1‑25‑96.) |
(625 ILCS 5/18c‑5203) (from Ch. 95 1/2, par. 18c‑5203)
Sec. 18c‑5203. Award of Attorneys Fees.
(1) Award to Complaining Shipper. In any court action to resolve a dispute within the scope of this Article, the court shall award reasonable attorney's fees to the complaining shipper if:
(a) The shipper submitted a claim to the carrier |
| within 120 days after delivery of the shipment is completed; | |
(b) The shipper prevailed in the court action; and
(c) Either:
(i) No certified private dispute resolution |
| procedure was available for use by the shipper at the time the court action was initiated; or | |
(ii) (Blank).
(iii) The court action was to enforce a timely |
| decision rendered under the dispute resolution procedures specified by the Commission under this amendatory Act of 1995. | |
(2) Award to carrier. In any court action to resolve a dispute within the scope of this Article, the court may award reasonable attorney's fees to the carrier if the shipper brought the action in bad faith after submitting the dispute for resolution under the dispute resolution procedures specified by the Commission.
(Source: P.A. 89‑444, eff. 1‑25‑96.) |
(625 ILCS 5/18c‑5204) (from Ch. 95 1/2, par. 18c‑5204)
Sec. 18c‑5204. Investigation of Practices of Household Goods Carriers. The Commission may, on its own motion or on complaint, conduct an investigation to determine whether a household goods carrier has, with or without the license required under Sub‑chapter 4 of this Chapter, engaged in a pattern or practice of underestimating freight charges for household goods shipments, or has otherwise violated provisions of this Chapter, Commission regulations or orders, and may invoke any or all sanctions provided for in Article VII of Sub‑chapter 1 of this Chapter against the carrier if such a pattern or practice, or any other violation, is found to have occurred.
(Source: P.A. 90‑89, eff. 1‑1‑98.) |
(625 ILCS 5/18c‑5205) (from Ch. 95 1/2, par. 18c‑5205)
Sec. 18c‑5205. Applicability of Article. This Article applies to disputes arising from transactions which occur at least 180 days after the effective date of this amendatory Act of 1985.
(Source: P.A. 84‑796.) |