I am filing a complaint against [Broker Name, MC#] for violating 49 CFR §371.3, which requires property brokers to maintain and provide records of each transaction, including the amount paid by the shipper and the broker’s compensation.

This broker has required carriers to waive their right to transparency as a condition of doing business. Such waivers are unlawful because 49 CFR §371.3 creates a non-waivable duty for brokers to disclose records.

The broker may attempt to defend its conduct by citing 49 U.S.C. §14101(b). However, that statute applies only to shipper–carrier contracts, not broker–carrier agreements. “Carrier” under Title 49 includes motor carriers, water carriers, and freight forwarders—but not brokers. Case law, including Owner-Operator Indep. Drivers Ass’n v. Landstar Sys., Inc., 622 F.3d 1307 (11th Cir. 2010), confirms that statutory rights cannot be stripped away except where Congress has expressly permitted. No statute allows brokers to override §371.3.

By conditioning freight tenders on unlawful waivers, the broker has engaged in bad faith practices that undermine FMCSA’s transparency rules. I respectfully request that FMCSA investigate [Broker Name], require them to cease these practices, and impose compliance measures or penalties as appropriate.