§14908 — Title 49 Transportation | U.S. Code

Summary

Carriers, brokers, and their workers must not give other people details about a shipment — like what it is, how much, where it’s going, who will get it, or how it’s routed — unless the sender (shipper) or the receiver (consignee) agrees. They also must not ask for or accept that information if it could hurt the shipper or consignee or reveal their business to a competitor. If someone breaks this rule, the United States can fine them up to $2,000. The rule does not stop sharing the information when a court orders it, when it’s given to a government official, or when it’s shared with another carrier (or that carrier’s agent) to adjust mutual traffic accounts in the normal course of business.

Title 49, §14908

Transportation — Source: USLM XML via OLRC

(a)(1)A carrier or broker providing transportation subject to jurisdiction under subchapter I, II, or III of chapter 135 or an officer, receiver, trustee, lessee, or employee of that carrier or broker, or another person authorized by that carrier or broker to receive information from that carrier or broker may not disclose to another person, except the shipper or consignee, and a person may not solicit, or receive, information about the nature, kind, quantity, destination, consignee, or routing of property tendered or delivered to that carrier or broker for transportation provided under this part without the consent of the shipper or consignee if that information may be used to the detriment of the shipper or consignee or may disclose improperly to a competitor the business transactions of the shipper or consignee.

(2)A person violating paragraph (1) of this subsection is liable to the United States for a civil penalty of not more than $2,000.

(b)This part does not prevent a carrier or broker providing transportation subject to jurisdiction under chapter 135 from giving information—

(1)in response to legal process issued under authority of a court of the United States or a State;

(2)to an officer, employee, or agent of the United States Government, a State, or a territory or possession of the United States; or

(3)to another carrier or its agent to adjust mutual traffic accounts in the ordinary course of business.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 11910 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title.

§14908 Unlawful disclosure of information