Advisory opinion letter to Mr. Brodsky

Isl Wi!!iam W. Rogal

89 F.

Propose plan to establish a training and certification program for moving consultants" and a "code of ethics" for certified moving consultants" and moving company members of an Institute (File No. 773 7001).

Opin'wn Letter
April 5, 1977
Dear Mr. Brodsky:

This is in response to your request for advice concerning whether the organization and activities" of the National Institute of Certified Moving Consultants ("Institute ) would be lawful under the statutes administered by this Commission.

The Commission has careful1y reviewed the Institute s certificate and articJes of incorporation, by-laws, and rules of practice, together with the supporting memorandum and supplementary letters. The proposal about which you seck advice is understood to entail (1) establishment of a training and certification system for " moving consultants" employed by household goods moving companies and (2) administration of a code of ethics for certified consultants and moving company members of the Institute. The program covers "moving consultants" and moving companies engaged in both local and interstate moves. The term moving consultants" is used by the Institute to refer to the estimatorsalesmen employed by moving companies to deal with, and provide price estimates to , prospective customers. See By-La' Art. II 3(A), as amend"!d. The Institute asserts that the purpose of the program is to upgrade and professionalize the competency and integrity of estimators and salesmen employed in the household goods moving and storage industry. Applicat'ion at 14.

The Commission has concluded that it cannot approve the Institute plan. Your app1ication indicates that, in interstate moves, consumer deception could occur when a moving consultant underestimates the price that will in fact be charged under the carrier s tariff. While sympathetic to this problem , the Commission is nevertheless of the opinion that the proposed estimator training and certification procedures necessarily entail a severe risk that unlav.iul restraints on price competition will be introduced into areas of commerce not subject to the regulatory jurisdiction of the Interstate Commerce Commission. ArticJe II , Section 4 of the By- Laws states that the Institute will develop and administer programs to train moving estimators with