What Is Double Brokering in Trucking?
Also called: Re-brokering, Unauthorized Brokering
Double brokering is when a load is passed to another company to haul without permission. The driver may never get paid. FMCSA says "double brokering" is not a term defined by law. The legal problems are acting as a broker without broker authority, and fraud.
Last reviewed September 23, 2026 · Facts checked October 15, 2026
Key Points
- FMCSA says "double brokering" is not a term defined by statute or regulation, and people use it for several different activities (88 FR 39368, June 2023)
- Most complaints are about people acting as brokers without proper authority. A person may act as a broker only if registered with FMCSA and covered by the required financial security (49 U.S.C. §13901(a) and §14916(a))
- A person who knowingly allows unauthorized brokering is liable to the government for a civil penalty of up to $10,000 for each violation, and to the injured party for all valid claims. Officers, directors and principals are liable along with the company (49 U.S.C. §14916(c) and (d))
- A common scam: a fake or hijacked broker books a real load, re-posts it for less, and disappears with the money. The driver hauls the load and is not paid
- Check the broker's MC number on the FMCSA site, call the phone number on file and watch for free email addresses
- At pickup, make sure the shipper and the BOL match your rate con
- If you think a load is a scam, stop and report it to FMCSA
What counts as double brokering?
People use the term for several different things. Most often it means a party that took a load, but is not the real broker or the carrier, passes it to someone else to haul and keeps part of the pay. Sometimes a broker re-brokers a load without the shipper's OK. Sometimes a carrier brokers freight without broker authority. FMCSA says the term is not defined in law and is used for several different activities. Under federal law, a person may act as a broker only if registered with FMCSA to do so. Brokers must also keep records of each transaction, including the carrier and the pay. FMCSA also says that handling the money between shippers and carriers strongly suggests a person needs broker authority, but it is not required for someone to be a broker.
How does the scam work and how do you spot it?
A scammer, often using a stolen or fake broker identity, books a real load from a real broker. They then post the same load for less and hire you. You haul the load. The real broker pays the scammer, who disappears. Or the real broker never pays you because it never hired you. Warning signs include a free email address (such as Gmail), a phone number that does not match the broker on file, a rate far above the lane average, pressure to move fast and a shipper that does not know who you are. Always call the broker using the phone number you find yourself.
What should you do if you think a load is double brokered?
Do not guess. Stop and verify. Check the broker's MC number and registered phone on the FMCSA site and call that number. Call the shipper and ask who they expect. Keep every message, rate con and BOL. If you believe it is fraud, report it to FMCSA. If you have already hauled the load and are not paid, talk to your factoring company or a lawyer. This page is general information and not legal advice.
Related Terms
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Frequently Asked Questions
What is double brokering in trucking?+
Double brokering is when a load is passed on to another company to haul without permission, and the person passing it on keeps part of the pay. The driver may never get paid. FMCSA says the term is not defined by law, so the legal issues are usually acting as a broker without authority, and fraud.
Is double brokering illegal?+
It can be. Federal law says a person may provide brokerage services only if registered with FMCSA and covered by the required financial security. A person who knowingly allows brokering without that is liable for a civil penalty of up to $10,000 for each violation, and for all valid claims of the injured party. The company's officers and principals are liable too (49 U.S.C. §14916). Fraud is a separate crime. For a specific load, ask a transportation lawyer.
How can I tell if a load is double brokered?+
Look for a free email address, a phone number that does not match the broker's FMCSA record, a rate far above the lane average, pressure to move fast or a shipper that does not know you. Call the broker at the number you find yourself, and confirm the shipper and BOL at pickup.
What happens if I haul a double-brokered load?+
You may not get paid, because the real broker never hired you. Keep all your records, call your factoring company and report the fraud to FMCSA. A lawyer can explain your options.
What does FMCSA say about double brokering?+
FMCSA says it is not a term defined by statute or regulation, and people use it for several different activities (88 FR 39368, June 2023). Most people who raise it mean entities acting as brokers without proper authority. FMCSA also says handling the money between shippers and carriers strongly suggests a person needs broker authority, but it is not required for someone to be a broker.
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This is industry terminology and typical practice. It is not legal or tax advice. Rates, fees, and rules mentioned are general ranges. Confirm the details on your rate confirmation, carrier agreement, or a current official source.