A recent case involving a Carrier411 “back solicitation” report highlights a growing concern for motor carriers navigating today’s complex carrier-broker–shipper relations. While assisting a carrier who had been blacklisted following such a report, an internal review revealed that the alleged back solicitation did not originate with the carrier at all. Instead, a shipper’s employee forwarded the carrier’s email directly to their freight broker—an action that unintentionally created the appearance of improper contact.

This raises important questions about conflicts of interest and chain-of-responsibility exposure. By independently forwarding confidential communications, the shipper’s employee effectively acted on behalf of the broker rather than prioritizing the interests of their own employer. In doing so, they inadvertently placed the shipper—and by extension the broker—into a position of potential liability for the financial harm caused to the carrier through blacklisting and reputational damage.

To help mitigate these risks, carriers are being encouraged to include clear disclaimers in all emailed solicitations, and customer outreach—regardless of the size or profile of the shipper. While such disclaimers cannot eliminate the risk entirely, they may provide an additional layer of protection by clarifying intent, restricting unauthorized forwarding, and documenting the carrier’s good-faith communication practices. Shippers may create policies prohibiting such actions which will

As the trucking industry continues to confront increasing transparency challenges, misunderstandings of this nature underscore the need for improved communication protocols and a renewed emphasis on accountability across all parties involved in the freight transaction.

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