By Luis Lopez, AI transportation consultant, CEO of Go Hub.io Holdings Corp and subsidiaries, and host of the Freight Guru Podcast
When a carrier bills more than it should have for a shipment, the shipper or payer can file an overcharge claim to get the difference back. Overcharge claims are not about lost or damaged cargo. They are about money: a shipment rated wrong, an accessorial billed that was never owed, a weight that did not match the freight, or the same invoice paid twice. They are common, they are usually fixable, and they are easy to lose by waiting too long. This guide covers the legal framework, how to spot overcharges, what to send, and how these claims differ from cargo and duplicate payment claims.
The Legal Framework
Two pieces of federal law come up with overcharge claims on interstate motor carrier freight.
- 49 U.S.C. 14705 sets time limits, both for carriers to collect charges and for shippers to recover overcharges. The deadlines matter, and missing them can end a claim. Check the current periods in the statute and in your contract before relying on any timeline.
- 49 CFR Part 378 sets procedures for processing overcharge, duplicate payment and overcollection claims, including how claims are filed and handled.
Contracts can also set their own rules for billing disputes and audit rights, so read your carrier or broker agreement alongside the federal rules. For a broader view of filing deadlines across claim types, see our guide to freight claims deadlines and time limits.
Where Overcharges Come From
Most overcharges trace back to a rating error. The usual causes:
Wrong freight class
In LTL, the class drives the rate. If the shipment was rated at a higher class than the commodity and density support, the bill is too high. Our article on freight class and NMFC classes covers how classification works.
Wrong weight
A typo, a weight from a different shipment, or a reweigh that does not match the freight can all inflate charges. Reweigh and reclass adjustments are legitimate when correct, but they should be supported. See our guide to LTL reweighs, reclasses and inspections.
Wrong tariff or contract
The carrier billed from its general tariff instead of the negotiated pricing, applied an expired agreement, or missed a discount the contract provides.
Accessorials not owed
Liftgate, residential, inside delivery, appointment or other accessorials billed when the service was not requested or not performed.
Duplicate billing
The same shipment billed twice, sometimes under different invoice numbers or from different billing entities.
How to Spot Overcharges
Overcharges are rarely noticed by accident. They are found by checking. A freight audit, whether done in-house or by an outside audit provider, compares each invoice against the agreed rate and the shipment facts. For a deeper look at that process, read our article on freight audit and payment.
Key checks on every invoice:
- Does the rate match the contract or quote in effect on the ship date?
- Do the class, weight and piece count match the bill of lading?
- Are all accessorials supported by what was booked and what happened?
- Is the fuel surcharge calculated the way the agreement says?
- Has this shipment already been paid?
As an AI transportation consultant, I see AI tools that read invoices and bills of lading, extract the key fields, and compare them to contract rates automatically. They are good at catching mismatches across large volumes of invoices. They still miss things when the contract terms are vague or the data is messy, so a person should review flagged items and the logic behind them.
What to Send
An overcharge claim should be clear and complete enough that the carrier can verify it without a back-and-forth. Include:
- A written claim identifying the shipment by PRO number, bill of lading number and ship date.
- The amount billed, the amount that should have been billed, and the difference claimed.
- The reason for the overcharge, such as wrong class, wrong weight, wrong tariff or unsupported accessorial.
- Supporting documents: the invoice, the bill of lading, the rate confirmation or contract pricing, proof of payment, and any weight tickets, product specifications or inspection records.
Keep copies of everything and a record of when and how the claim was sent.
Overcharge Claims vs. Cargo Claims
These two get confused, but they work differently.
- Cargo claims deal with loss of or damage to the freight itself. Interstate carrier liability for loss or damage falls under the Carmack Amendment, 49 U.S.C. 14706, and cargo claim procedures are found in 49 CFR Part 370.
- Overcharge claims deal with what was billed and paid. They fall under 49 U.S.C. 14705 time limits and 49 CFR Part 378 procedures.
A single shipment can generate both. Keep them separate so each follows the right process and deadlines.
Overcharges vs. Duplicate Payments
A duplicate payment is not a rating error. It happens when the payer pays the same invoice twice, or pays both an original and a rebilled invoice for the same shipment. The rate may have been correct; the problem is that it was paid more than once. Part 378 covers duplicate payment claims along with overcharges, but the evidence is different: here you need proof of both payments, not a rate comparison.
Duplicate payments often come from weak accounts payable controls, such as invoices arriving through several channels or rebills issued under new numbers. Matching each payment to a unique shipment reference prevents most of them.
Negotiation and Resolution
Most overcharge claims settle without formal action when the documentation is solid.
- Lead with facts. Show the contract rate and the billed rate side by side.
- Be specific about the amount. A clear, calculated number moves faster than a general complaint.
- Follow up in writing and track response times.
- Consider credits. Some carriers resolve claims by crediting future invoices; decide whether that works for you.
- Fix the root cause. If a carrier keeps billing the wrong tariff, update the pricing setup with them so the problem stops.
If a carrier will not respond or the amount is significant, get advice from a transportation attorney on your options and the applicable deadlines.
Quick Recap
- Overcharge claims recover money billed in error, not losses to the cargo.
- 49 U.S.C. 14705 sets time limits; 49 CFR Part 378 sets claim procedures. Check the deadlines.
- Most overcharges come from wrong class, wrong weight, wrong tariff, unowed accessorials or duplicate billing.
- Regular audits catch them; clear written claims with documents recover them.
For more conversations on freight and AI, subscribe to the Freight Guru Podcast.
About the author: Luis Lopez is a Miami-based AI transportation consultant and logistics entrepreneur, the CEO of Go Hub.io Holdings Corp and subsidiaries, and host of the Freight Guru Podcast.
This article is general information for the freight community, not legal advice. Talk to a transportation attorney about your specific situation.