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The FMC’s new policy could expose container lines to lawsuits over unfair charges and service failures. In response, carriers may tighten contracts, restructure fees, or introduce new legal safeguards. Here’s what shippers need to watch for—and how to protect their businesses from potential carrier countermeasures.

The ocean shipping industry is facing a major regulatory shift. The Federal Maritime Commission (FMC) has introduced a policy allowing shippers to file class action complaints against ocean carriers, marking a significant change in maritime legal dynamics.

This new rule empowers shippers to collectively challenge unfair practices, including excessive fees, contract breaches, and anti-competitive behavior. While this may increase accountability for carriers, it also raises concerns about how ocean carriers will react. Will they adjust pricing strategies? Introduce stricter contract terms? Reduce service offerings?

This article breaks down what this means for global shipping, how carriers are expected to respond, and what shippers must do to stay ahead.

What the FMC’s New Class Action Rule Means for Shippers

Historically, shippers facing unfair fees or contract breaches by ocean carriers had to pursue claims individually through the FMC. However, the new class action framework allows shippers to band together and file collective complaints, increasing their legal leverage against powerful carriers.

Under this rule:

• Shippers can collectively challenge unfair practices, including excessive demurrage/detention fees, unlawful surcharges, and service failures.
• The FMC will evaluate these class action cases using Federal Rules of Civil Procedure, a framework used in U.S. courts.
• Carriers may now face significant legal risks if found guilty of violations under the Shipping Act.

The FMC has also expanded its pool of Administrative Law Judges (ALJs) to handle the expected increase in legal disputes. However, concerns remain about whether the agency is fully equipped to manage complex class actions effectively.

The introduction of this rule is part of a larger trend in the Biden and Trump administrations to increase regulatory scrutiny over container shipping. While the Biden administration previously focused on direct FMC enforcement, the Trump administration has shifted emphasis to empowering shippers to take legal action themselves.

As a result, ocean carriers now face heightened legal risks—prompting speculation about how they will adjust their pricing structures, contract terms, and service models.

How Ocean Carriers Are Expected to Respond

With the introduction of the FMC’s class action rule, ocean carriers face heightened legal risks. Industry experts predict several strategic responses from carriers as they adapt to this new legal environment.

1. More Conservative Contract Terms

One immediate response from carriers is expected to be a shift toward tighter, more protective contract terms. Shippers may see clauses that:

• Reduce carrier liability for service failures or shipment delays.
• Limit the scope of surcharge disputes by tightening definitions.
• Introduce stricter arbitration clauses, pushing disputes into private mediation instead of FMC litigation.

For shippers, this means they will need to be more diligent when negotiating long-term contracts, ensuring they retain flexibility in case of disputes.

2. Potential Freight Rate Adjustments

Carriers could also adjust freight rates to compensate for potential litigation costs. If large-scale class actions result in significant financial penalties, carriers may pass on the costs to customers in the form of higher base rates or new surcharges.

However, given the already volatile state of freight markets, carriers may hesitate to impose drastic rate hikes that could drive shippers toward competitors.

3. Reevaluating Service Offerings

To mitigate legal exposure, some carriers might limit service availability on high-risk trade lanes where disputes over surcharges and service failures are common. This could result in:

• Fewer contract-based service guarantees on certain lanes.
• Carriers reducing exposure to U.S. markets with stricter regulatory scrutiny.
• Higher reliance on alliances to distribute legal risks.

For shippers, this means potential disruptions in service reliability, especially on U.S.-Asia and U.S.-Europe trade lanes, where regulatory scrutiny is highest.

What Shippers Should Do to Prepare

Given the potential carrier responses, shippers need a proactive approach to protect their supply chains and financial interests. Here’s how:

1. Strengthen Contract Negotiations

Shippers should work closely with legal teams to review carrier contracts, ensuring that they:

• Include clear dispute resolution mechanisms that allow recourse under FMC regulations.
• Define surcharge structures to avoid unexpected fees.
• Maintain flexibility for volume commitments to counteract potential carrier service reductions.

2. Improve Freight Cost Forecasting

With the possibility of rate increases, shippers should enhance their cost forecasting strategies by:

• Monitoring FMC rulings and their impact on carrier pricing trends.
• Engaging in multi-carrier agreements to mitigate cost hikes.
• Exploring alternative transport modes, such as multimodal sea-air solutions.

3. Stay Informed on FMC Proceedings

Since the FMC’s capacity to handle class actions is still developing, shippers should actively track regulatory updates. Participating in industry groups or working with legal counsel can provide valuable insights into evolving legal precedents.

What This Means for the Future of Shipping and Global Trade

The introduction of class action complaints in maritime law marks a pivotal shift in global trade dynamics. The long-term implications extend beyond legal battles and could reshape how ocean carriers operate.

1. Greater Legal Scrutiny on Ocean Carriers

With the ability to file class actions, shippers now have a stronger mechanism to challenge perceived injustices. This could lead to:

• More Regulatory Oversight: The FMC may expand enforcement to deter future violations.
• Carrier Policy Changes: Shipping lines might revise fee structures and contract terms to minimize legal risks.
• Potential Industry Consolidation: Smaller carriers facing increased litigation risks may struggle to compete.

2. Possible Freight Rate Adjustments

Legal challenges often translate into higher costs for carriers, which may result in:

• Rate Increases: Carriers could pass legal expenses onto customers.
• Contractual Changes: More complex agreements to mitigate liability risks.
• Long-Term Pricing Adjustments: A shift toward more transparent and legally compliant pricing structures.

3. International Implications

The U.S. is a major player in global trade regulation. The FMC’s decision to allow class actions may set a precedent for:

• European and Asian Regulatory Changes: Other jurisdictions could adopt similar legal frameworks.
• Stronger Global Compliance: Multinational carriers may proactively align with stricter legal standards.
• Trade Policy Negotiations: U.S. regulatory changes might influence global trade agreements.

Final Thoughts: A New Era of Accountability

While the FMC’s class action mechanism is in its early stages, it represents a shift toward a more balanced shipping industry. The ability to file collective complaints empowers shippers, but the long-term impact will depend on how these cases unfold.

As shippers and carriers adapt, staying informed and proactive will be crucial. Whether through legal action, contract negotiations, or market adaptation, this new tool will shape the future of global freight logistics.