The STB Told Movers Exactly How to Present Valuation Options in 2012. Most Fraud Brokers Violate Every Requirement.

On January 10, 2012, the Surface Transportation Board issued a decision in Docket No. RR 999 (Amendment No. 5), clarifying and strengthening the requirements for how interstate household goods carriers must present valuation options to consumers. The decision, effective April 2, 2012, built on a January 2011 order implementing a Congressional directive from the SAFETEA-LU Act (Pub. L. 109-59, Section 4215).

The decision establishes the legal framework for Full Value Protection (FVP) and released value ($0.60/lb) that governs every interstate move. It prescribes the exact language, type size, and placement of required notices. It requires tariffs to include FVP charges. It clarifies that these requirements apply to both binding and non-binding estimates.

Virtually every FVP fraud pattern documented by Trunk violates specific requirements of this decision.

The decision requires the following notice to be placed in a prominent place on every written estimate, in at least 12-point bold type:

'WARNING: If a moving company loses or damages your goods, there are 2 different standards for the company's liability based on the types of rates you pay. BY FEDERAL LAW, THIS FORM MUST CONTAIN A FILLED-IN ESTIMATE OF THE COST OF A MOVE FOR WHICH THE MOVING COMPANY IS LIABLE FOR THE FULL (REPLACEMENT) VALUE OF YOUR GOODS in the event of loss of, or damage to, the goods. This form may also contain an estimate of the cost of a move in which the moving company is liable for FAR LESS than the replacement value of your goods, typically at a lower cost to you.'

The notice must direct consumers to select a liability level later on the bill of lading, and to read 'Your Rights and Responsibilities When You Move' and visit protectyourmove.gov.

For electronic estimates, the notice must be equivalent to 12-point type on 8.5x11 paper.

What fraud brokers do instead: Pattern A estimates (Safe Ship, Menards, Howards, Choice Van Lines, Zenith Moving, Noble Moving, Hercules Moving) show FVP valuation charge as $0.00 at every deductible level. The estimate contains no filled-in cost of a move at full replacement value, because the cost is shown as identical regardless of valuation selection. This violates the STB's requirement that the estimate 'MUST CONTAIN A FILLED-IN ESTIMATE OF THE COST OF A MOVE FOR WHICH THE MOVING COMPANY IS LIABLE FOR THE FULL (REPLACEMENT) VALUE.'

The decision requires a Valuation Statement to be placed on the bill of lading (not just the estimate or order for service) in at least 10-point type. The STB agreed with AMSA that placing the valuation selection on the BOL, the last document the consumer receives before loading, 'should maximize the time for the customer to learn about, and choose between, the 2 liability options.'

The required Valuation Statement presents two options:

Option 1 (Full Value Protection): The consumer accepts FVP. The estimate must include the cost of FVP. If the consumer does not declare a higher value, the minimum valuation is $6.00 per pound multiplied by shipment weight, subject to a $6,000 minimum. The consumer must sign acknowledging acceptance of FVP and receipt of the 'Your Rights' brochure.

Option 2 (Released Value / $0.60 per pound): The consumer waives FVP. The notice states in bold: 'WAIVER of Full (Replacement) Value Protection. This lower level of protection is provided at no additional cost beyond the base rate; however, it provides only minimal protection.' The consumer must initial and sign a separate acknowledgment that they have 'WAIVED the Full (Replacement) Level of protection, for which I have received an estimate of charges.'

The requirement that the consumer must have 'received an estimate of charges' for FVP before waiving it is critical. If the estimate shows FVP at $0.00 (Pattern A), the consumer has not received a meaningful estimate of FVP charges. A waiver signed without a meaningful FVP cost estimate may not constitute informed waiver under the STB's framework.

The STB explicitly stated: 'We find it in the public interest to require the Valuation Statement on the BOL rather than giving movers an option.' Courts look to the BOL to determine whether the consumer agreed in writing to limit liability. Consumers should not have to check the BOL for a value they previously provided on another form.

The decision clarifies that 'the charges for full-value protection must be included in a moving company's tariff.' The Interstate Commerce Act requires carriers to maintain tariffs containing the rates for their services, and carriers 'may not charge or receive a different compensation than the rate specified in its tariff' (49 U.S.C. 13702(a)).

For movers that set FVP rates as a base rate plus a full-protection additive, both the base rate and the entire range of FVP additives (including any offered deductibles) must be stated in the tariff.

A corresponding STB regulation at 49 CFR 1310.3 requires tariffs to list 'specific applicable rates' and be arranged to allow 'determination of the exact rate(s) and service terms applicable to any given shipment.'

This means a broker providing estimates based on a carrier's tariff (as required by 49 CFR 371.113) must use a tariff that includes FVP pricing. If the carrier's tariff does not include FVP charges, or if the broker does not use the carrier's tariff at all, the estimate violates both the STB's released rates decision and FMCSA's broker regulations.

In the Eagle Moving complaint (Vetne v. Eagle, FMCSA-2026-0069), the broker expressly refused to provide a copy of the carrier's tariff when requested. The consumer had no way to verify whether FVP charges were properly calculated from the tariff.

The STB clarified an industry practice flagged by commentator Joseph Harrison: some companies state they are providing a binding estimate based on volume (cubic feet), then charge the customer a higher amount than the binding estimate without weighing the shipment.

The STB's response: 'We make clear here that this practice would turn a binding-estimate move into a nonbinding estimate move, and is prohibited.'

For non-binding estimates, charges must be based on weight (49 U.S.C. 14104(b)(1)(C)(iii)). A carrier cannot provide a binding estimate based on volume and then charge more based on a revised volume measurement on moving day without the consumer's written agreement before loading.

This ruling directly addresses the volume inflation pattern documented across Trunk's research: Menards estimated 813 cu ft, HWC invoiced 1,400 cu ft (72% inflation). Eagle estimated 834 cu ft, Home & Office revised to 2,290 cu ft on moving day. In each case, the carrier presented a revised volume and demanded a higher price after loading began. Under the STB's 2012 decision, this practice is prohibited.

The STB clarified that for binding estimate moves where the consumer selects FVP but does not declare a total value, the carrier must weigh the shipment at a certified scale. The certified weight determines the carrier's maximum liability (weight times $6.00/lb or $6,000, whichever is higher).

If the carrier does not weigh the shipment and the goods are lost or destroyed, 'the mover would be liable for the replacement value of all of the damaged/lost goods, with no dollar limit (i.e., the statutory standard of carrier liability).'

This creates a powerful incentive for carriers to weigh shipments. A carrier that skips the certified scale on a binding estimate move with FVP faces unlimited liability for the full replacement value of the consumer's goods. Most fraud carriers do not weigh shipments. Under this decision, their failure to weigh exposes them to statutory liability without limit.

The decision applies to 'all household goods movers that desire to offer a rate limiting their liability on interstate moves to anything less than replacement value of the goods.' This includes both motor carriers and household goods freight forwarders.

The STB clarified that freight forwarders arranging interstate moves by truck must comply with all released rates requirements. 'Therefore, to limit cargo liability, the entity that deals with a customer must furnish documents complying fully with this decision.'

This means the entity that provides the estimate and BOL to the consumer, whether carrier, broker, or freight forwarder, must comply with the STB's valuation disclosure requirements. A broker that provides an estimate with $0.00 FVP charges is the entity dealing with the consumer and bears responsibility for the valuation disclosure.

Pattern A ($0.00 FVP at all deductible levels): Violates the Appendix 1 requirement that estimates must contain 'A FILLED-IN ESTIMATE OF THE COST OF A MOVE FOR WHICH THE MOVING COMPANY IS LIABLE FOR THE FULL (REPLACEMENT) VALUE.' If FVP costs $0.00, the estimate does not contain a meaningful filled-in cost for FVP. Documented in estimates from Safe Ship, Menards, Howards, PrimeLine, Choice, Noble, Zenith, Hercules, and USA Logistics.

Pattern C (predatory FVP pricing, 20% of declared value): While the STB permits carriers to set FVP charges in their tariffs, the charges must be 'reasonable' under 49 U.S.C. 13701(a). FVP charges of 20% of declared value (Safe Ship, 2024 and 2025 estimates) compared to the industry standard of 1-2% (as noted by the Federal Register at 68 FR 35064) raise questions about tariff reasonableness.

Pre-printed survey waivers: The STB's requirement that consumers receive a filled-in FVP cost estimate assumes the estimate is based on an actual assessment of the goods. A pre-printed survey waiver that bypasses the assessment undermines the entire valuation disclosure framework.

Volume inflation on moving day: The STB explicitly prohibited turning a binding estimate into a non-binding estimate by charging more than the binding amount. Volume inflation demands on moving day violate this ruling.

No tariff disclosure: The STB requires FVP charges to be in the tariff. Brokers that refuse to provide carrier tariffs (as documented in Griffin v. Menards and Vetne v. Eagle) prevent consumers from verifying whether FVP charges comply with the tariff.