Fraud Investigation7 min

A Florida Broker on FMCSA's Enforcement Closed List Dispatched to an Unauthorized Carrier. $49,319 in Belongings Were Stolen or Destroyed.

DA Moving LLC d/b/a Graceful Moving Group hired a carrier whose FMCSA authorization was being involuntarily revoked. The consumer filed a 32-page lawsuit. The companies could not be served. The case was dismissed.

|Trunk Research
Comment

DA Moving LLC, doing business as Graceful Moving Group (DOT 3704875, MC 1297852), is a Florida-based household goods broker headquartered at 2300 Palm Beach Lakes Blvd, #214, West Palm Beach, FL 33409. It is on FMCSA's enforcement closed list.

In November 2022, Graceful Moving Group contracted with consumer Linda Rogers to broker an interstate move from Tucson, Arizona to Jacksonville, Florida. The binding moving estimate totaled $14,993.79 for approximately 1,600 cubic feet across 1,913 miles. The sales representative was identified as Jeremy.

Graceful Moving Group then dispatched Rogers' move to Superior Van Lines Inc (DOT 3028843, MC 049214), a Nevada-based carrier. According to the subsequent lawsuit, Graceful knew or should have known that Superior's FMCSA authorization was being involuntarily revoked at the time it contracted with them to transport the consumer's goods.

What Happened to the Shipment

Superior Van Lines arrived for pickup on November 5, 2022. The truck was already partially filled with another customer's belongings, despite Graceful's assurance that Rogers' goods would be transported in a single truck.

Because the truck could not fit all of Rogers' belongings, the carrier secured a revised written estimate for an additional 181 cubic feet ($814.49). A second truck had to come days later to pick up the remaining items. No revised written estimate was provided for the second load, but the carrier increased the remaining balance by $1,957.20 to $5,706.50.

The second delivery driver arrived on a Sunday with no team. He told Rogers and her husband that he was not given a crew because it was Sunday, and that if her husband helped unload, he would be compensated. The husband helped. The compensation never materialized. When Rogers called Superior's office, they denied the promise.

The driver unloaded haphazardly, walking on top of boxes with no regard for contents. No padding or quilted blankets were found in the truck despite the estimate guaranteeing them. The driver refused to provide the Household Goods Descriptive Inventory until after the truck was emptied, preventing Rogers from checking items as they were unloaded.

The Theft

By the time both deliveries were complete, Rogers discovered that many of her family's most valuable belongings were missing. Based on the condition of the boxes, someone had pilfered through them, removing items from wrappings and putting them back haphazardly. In some cases, entire boxes turned up missing.

The handwritten inventory sheets from Superior Van Lines, filed as court exhibits, show extensive red-ink annotations: 'Missing,' 'Destroyed,' 'Damaged,' 'Cracked' across dozens of line items.

Rogers filed a 32-page complaint with a court-verified itemized damages list totaling $49,319. Both Graceful Moving Group and Superior Van Lines refused to adequately compensate her.

Itemized Damages Filed with the Court

The following categories of stolen and damaged property were documented in the court filing (Rogers v. DA Moving LLC, Case No. 50-2024-CA-002013-XXXA-MB, Palm Beach County Circuit Court, filed March 4, 2024):

Collector Barbie Dolls (15 dolls): $5,421. Includes NASCAR #94 ($1,993), NASCAR McDonalds ($1,250), Wizard of Oz series (Munchkins $350, Glenda $200, Wicked Witch $235), Cher ($205), Peter Rabbit 100 Year Anniversary ($225), Symphony in Chiffon ($125), Harley Davidson x2 ($250).

Swarovski Crystal Collection (20+ pieces): $3,390. Includes owls (large $200, medium $150, small $100), butterflies (large $260, small $200), swans (large $130, medium $100, small x2 $70), elephants (large $120, small $60), foxes x2 ($275), rooster ($300), wiener dog ($175), hen ($100), snail with ice cube ($50), set of chicks ($75), amethyst/rose/jet/citrin/clear beads ($250 total).

Invicta Watch Collection (14 watches): $4,577. Includes Subaqua 0.74 Carat Diamond Gold 38mm ($970), ProDiver 0.592 Diamond Steel Gold 38mm ($719), SHAO Gold 38mm ($490), multiple Angel and Bolt models ($160-$319 each).

Nintendo Gaming Systems: $1,600. Console with games/controls in original box ($350), Nintendo 64 with games/controls ($300), Wii x2 ($750), Wii Bundle with balance pad ($200).

Sports Cards Collection: $4,000.

Egyptian Papyrus Art (4 pieces, Cairo 1989): $1,000.

German Clocks: $545. Anniversary clock with crystal balls and glass globe ($245), grandfather clock ($300).

Berndes Cookware Set: $770. Stock pot ($150), frying pans 11"/9"/square flat/square ripples ($100-$120 each), oven roaster ($200).

RAD E-Bikes x2: $4,000.

Additional categories included Wilton Bakeware ($335), velvet thermal blackout curtains ($1,072), Dorsett crystal glasses ($320), Williams Sonoma bath towels ($390), Pottery Barn duvet ($600), media cabinets ($900), military uniforms and gear ($500+), Cabbage Patch dolls with certificates ($1,495), Sony and Panasonic cameras ($575), leather office chairs ($350), and approximately 100 additional household items.

The Legal Claims

Rogers filed suit in the Circuit Court of the Fifteenth Judicial Circuit, Palm Beach County, Florida on March 4, 2024 through Lopez Law Group (Geoffery Pfeiffer Jr., FL Bar No. 1002546). The complaint raised six counts:

Against Graceful Moving Group (as broker): 1. Breach of Contract: Broker created a contractual duty equivalent to a fiduciary by agreeing to act on the consumer's behalf in the negotiation and navigation of interstate carriage. Graceful failed to fulfill even the most basic duties of a broker. 2. Negligent Provision of Services: Graceful procured a faithless, unauthorized carrier that unilaterally increased fees and caused items to go missing. Graceful knew or should have known the carrier's FMCSA authorization was being involuntarily revoked. 3. Deceptive and Unfair Trade Practices (FUDTPA, Fla. Stat. 501.201): Broker deliberately presented a BME that underestimated cubic footage, then showed up with one truck to induce additional charges.

Against Superior Van Lines (as carrier): 4. Statutory Liability of Carriers of Household Goods (49 USC 14706(a)(1)): An interstate carrier is liable for damages arising out of the provision of services. Citing Missouri Pacific Railroad v. Elmore and Stahl, 377 U.S. 1334 (1964). 5. Breach of Contract: Carrier breached the Bill of Lading by failing to safely deliver goods. 6. Deceptive and Unfair Trade Practices (FUDTPA): Carrier presented itself as competent to safely carry cargo across state lines. The unpacking, destruction, and loss of items showed this was false.

Dismissed for Failure of Service

On July 17, 2024, Judge James Sherman of the Palm Beach County Circuit Court dismissed the case without prejudice. The court's order stated that 120 days had elapsed since the filing of the complaint, the defendants had not been served with process, and the plaintiff had failed to show good cause as to why process had not been effectuated.

This means neither DA Moving LLC nor Superior Van Lines Inc could be successfully served with the lawsuit. A company that cannot be served is a company that cannot be held accountable through the civil court system.

The dismissal was without prejudice, meaning Rogers could refile. But the practical reality for consumers is stark: even with a 32-page complaint, documented evidence, itemized losses, and an attorney, the companies that took $49,319 worth of belongings were never required to answer in court.

The Estimate Structure

The binding moving estimate filed as Exhibit A reveals the pricing structure Graceful Moving Group used:

Total Tariff: $17,602.00 Tariff Discount (54.78%): -$9,641.50 Basic Estimate Price: $7,960.50 Fuel Surcharge (10%): $796.05 Bulk Fee (Grandfather Clock): $125.00 Binding Estimate Fee: $8,912.23 Early Reservation / Military Discount: -$2,800.00 Total Moving Estimate: $14,993.79

The 'Binding Estimate Fee' of $8,912.23, constituting 59.4% of the total estimate, is the largest single line item. This is structurally similar to the Full Value Protection fee manipulation documented across other Florida brokers. The 'Tariff Discount' of 54.78% creates the illusion of a deal on a fabricated tariff.

The estimate was created on July 5, 2022, with a move date of November 3, 2022. The customer had already deposited $3,206.75 and authorized an additional $4,237.71, totaling $7,444.46 in pre-move payments, leaving a balance of $7,549.33 at delivery.

What This Case Shows

1. A broker on FMCSA's enforcement closed list contracted with a carrier whose authorization was being involuntarily revoked. Neither the enforcement action against the broker nor the revocation of the carrier prevented the consumer's goods from being stolen.

2. The itemized damages list, filed under penalty of perjury in a Florida circuit court, provides a rare public record of what consumers actually lose. The $49,319 total is not an estimate or a complaint. It is a sworn court filing with specific items and values.

3. Neither company could be served with legal process. A company that cannot be found by a process server cannot be held accountable through the court system, regardless of the strength of the consumer's case.

4. The consumer had an attorney, documentation, and filed a well-structured six-count complaint. The system still could not provide a remedy.

5. The 'Binding Estimate Fee' structure, consuming 59% of the total estimate, mirrors the fee manipulation documented across multiple Florida-based HHG brokers.

Data

Rogers v. DA Moving LLC: Case Summary

FieldValue
Case Number50-2024-CA-002013-XXXA-MB
CourtCircuit Court, 15th Judicial Circuit, Palm Beach County FL
FiledMarch 4, 2024
PlaintiffLinda Rogers
Defendant (Broker)DA Moving LLC d/b/a Graceful Moving Group (DOT 3704875)
Defendant (Carrier)Superior Van Lines Inc (DOT 3028843)
Move RouteTucson, AZ to Jacksonville, FL (1,913 miles)
Binding Estimate$14,993.79
Total Itemized Damages$49,319.00
Counts6 (Breach of Contract, Negligence, FUDTPA x2, Statutory Liability, Breach x2)
StatusDismissed without prejudice (07/17/2024) for failure to effectuate service
Plaintiff AttorneyLopez Law Group (Geoffery Pfeiffer Jr., FL Bar 1002546)

Source:

Stolen Property by Category (Court-Filed Values)

CategoryItemsValue
Invicta Watch Collection14 watches$4,577
Collector Barbie Dolls15 dolls$5,421
Sports CardsCollection$4,000
RAD E-Bikes2 bikes$4,000
Swarovski Crystal20+ pieces$3,390
Nintendo Gaming Systems4 consoles + games$1,600
Cabbage Patch Dolls2 dolls w/ certificates$1,495
Velvet Curtains16 panels$1,072
Egyptian Papyrus Art4 pieces (Cairo, 1989)$1,000
Media Cabinets2 units$900
Berndes CookwareSet$770
Pottery Barn Duvet1 set$600
Sony/Panasonic Cameras2 cameras + cases$575
German Clocks2 clocks$545
Military GearUniforms, caps, boots$500+
Other Household Items~100 items$16,874+

Source:

Companies Mentioned

Sources: Rogers v. DA Moving LLC et al., Case No. 50-2024-CA-002013-XXXA-MB, Circuit Court, 15th Judicial Circuit, Palm Beach County FL, filed 03/04/2024Order of Dismissal Without Prejudice, Judge James Sherman, filed 07/17/2024Exhibit A: Binding Moving Estimate, Graceful Moving Group, Job No. A8346362, dated 10/28/2022Exhibit B: Interstate Household Goods Bill of Lading, Superior Van Lines, DOT 3028843, dated 11/05/2022FMCSA enforcement closed list (DA Moving LLC)

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