MSC is at risk of a $63 million fine from the United States Federal Maritime Commission for alleged violations of the Shipping Act. The Geneva-based company is accused of unfair commercial practices, explicitly charging excessive penalties for delays and counter-delays on non-operational refrigerated containers and incorrectly billing companies that had no contractual relationship with the shipping company.

According to the Federal Maritime Commission, the shipping company "knowingly and voluntarily used unreasonable and unfair practices that did not promote or ensure an efficient, competitive, and economic transportation system." In particular, the global carrier is accused of developing and employing illegal practices against U.S. logistics chain service providers such as land carriers, maritime forwarders, customs intermediaries, and truckers.

The charges focus on using specific standard terminology by MSC in their bills of lading (expressions like 'merchant' and 'notify party'), aimed at the possibility of billing third parties regardless of their contractual status or cargo beneficiaries. "Instead of working to bill the right party, MSC adopted a policy of billing the 'notified party', which effectively turned many third parties into reluctant and non-consenting customers," the accusation maintains.

Furthermore, the Federal Maritime Commission believes that MSC failed to meet other fundamental requirements of the Shipping Act, such as the transparent publication of detention and counter-delay rates of non-operational reefers for several years, treating the resulting surcharges as "billing errors". "Only when its customers complained about these surcharges did MSC issue refunds. MSC never undertook any proactive action to return millions of dollars in surcharges," writes the American authority. In conclusion, the indictment reads, "the fact that MSC failed to conduct an internal audit and proactively review its billing processes resulted in the undue application of at least 2,629 surcharges for reefers, of which 1,704 were uncontested: a clear demonstration of MSC's reckless disregard and plain indifference to the provisions of the Shipping Act. Therefore, these 2,629 reefer surcharges were a deliberate act in flagrant violation of the Shipping Act or at least an accounting error resulting from gross negligence of which MSC should have been aware, taking action to resolve it."

MSC has stated that it "is reviewing the memorandum of the Office of Enforcement of the Federal Maritime Commission and will vigorously defend itself from the accusations and excessive sanctions requested."