Freight Pulse & Law Update: Carriers Now Bear the Burden in Demurrage Fights as Flexport Beats $33.7M Claim
Morning edition — September 10, 2026
Yes: the FMC now places the proof burden on carriers in qualifying demurrage and detention complaints. Effective September 1, 2026, carriers must show charges are reasonable under 46 C.F.R. § 545.5. The September 9 Peloton-Flexport dismissal also confirms that store-door billing can survive when the consignee retained operational control.
What changed under the FMC’s new rule?
The FMC Charge Complaint Procedures rule applies whether a complaint proceeds through the interim process, an Administrative Law Judge, or a Small Claims Officer.
Carriers must prove charges serve a compensatory purpose or promote freight fluidity.
Filings should include bills of lading, invoices, payment proof, and relevant delay records.
The rule applies to covered charges assessed after OSRA 2022 took effect.
What does the Peloton decision mean?
The FMC ALJ dismissed Peloton’s $33.7 million claim against Flexport involving more than 7,000 store-door shipments. The decision confirms carriers may assess demurrage and detention on store-door moves when the consignee retained operational control over the cargo and delivery process. Source
That result contrasts with Samsung’s $186 million complaint against CMA CGM, which challenges store-door billing, inland delays, and related charges.
What should transportation teams prepare for?
UCR 2027 fees rise approximately 20% on October 1, 2026. Motor carriers, brokers, and freight forwarders should update budgets and registration calendars. Also prepare for DOT inspections and CVSA Brake Safety Week by centralizing equipment, driver, and shipment records.
For third party logistics providers, inventory management for ecommerce, 3PL fulfillment services, and supply chain management companies, documentation is now risk control.
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Key takeaways
Preserve shipment-control evidence.
Audit store-door contract language.
Budget for UCR increases.
Use real-time logistics visibility before disputes escalate.
Sources
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