FMC Clarifies It Can Handle Class-Action Complaints
The Federal Maritime Commission released a two-page policy statement Jan. 2 clarifying it's authorized to hear class-action complaints involving statutes it administers.
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The FMC said the class-action option could benefit parties that believe pursuing litigation on their own would be too expensive or could invite carrier retaliation. “The availability of the class-action mechanism will help create a more level playing field for private parties seeking protection from potentially unlawful conduct,” the commission said.
The FMC said that Rule 23 of the Federal Rules of Civil Procedure, which governs class actions brought in federal court, will help guide its own adjudication of such complaints, at least initially, and that it will assess whether to ultimately adopt its own procedural rules for such cases.
The announcement follows the December 2021 release of a statement clarifying that shipping associations and other trade groups can file complaints with the commission on behalf of others (see 2112290019).