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	<title>Comments on: Trucking Companies Paying to Keep False Info on DAC Report</title>
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	<link>http://www.askthetrucker.com/trucking-companies-paying-to-keep-false-info-on-dac-report/</link>
	<description>Trucking Advocate and Activist Allen Smith of TruthAboutTrucking.com : Articles Current News and Information for CDL Truck Drivers and Truck Driving Students...&#34;Raising the Standards of the Trucking Industry&#34;</description>
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		<title>By: tom</title>
		<link>http://www.askthetrucker.com/trucking-companies-paying-to-keep-false-info-on-dac-report/comment-page-1/#comment-2996</link>
		<dc:creator>tom</dc:creator>
		<pubDate>Mon, 16 Nov 2009 03:00:23 +0000</pubDate>
		<guid isPermaLink="false">http://www.askthetrucker.com/?p=1065#comment-2996</guid>
		<description>I got one for you, I have been dac&#039;d by my company for unsastifactory work record, incidents&#039;accidents, and have been badmouthed on record with a reference check. I am currently disputing with dac/usis/hireright right now.  Do you think you can help.</description>
		<content:encoded><![CDATA[<p>I got one for you, I have been dac&#8217;d by my company for unsastifactory work record, incidents&#8217;accidents, and have been badmouthed on record with a reference check. I am currently disputing with dac/usis/hireright right now.  Do you think you can help.</p>
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		<title>By: Allen Smith</title>
		<link>http://www.askthetrucker.com/trucking-companies-paying-to-keep-false-info-on-dac-report/comment-page-1/#comment-2918</link>
		<dc:creator>Allen Smith</dc:creator>
		<pubDate>Sun, 08 Nov 2009 20:31:04 +0000</pubDate>
		<guid isPermaLink="false">http://www.askthetrucker.com/?p=1065#comment-2918</guid>
		<description>Thanks David for all this info . . . I would suggest all you drivers out there who have been victimized by the DAC Reporting abuse, contact David through the link he has posted . . . it&#039;s what I have been working on for a while now . . . Fight Back Against the DAC . . . thanks again, David  ---  Allen Smith</description>
		<content:encoded><![CDATA[<p>Thanks David for all this info . . . I would suggest all you drivers out there who have been victimized by the DAC Reporting abuse, contact David through the link he has posted . . . it&#8217;s what I have been working on for a while now . . . Fight Back Against the DAC . . . thanks again, David  &#8212;  Allen Smith</p>
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		<title>By: David</title>
		<link>http://www.askthetrucker.com/trucking-companies-paying-to-keep-false-info-on-dac-report/comment-page-1/#comment-2911</link>
		<dc:creator>David</dc:creator>
		<pubDate>Sun, 08 Nov 2009 05:51:37 +0000</pubDate>
		<guid isPermaLink="false">http://www.askthetrucker.com/?p=1065#comment-2911</guid>
		<description>DAC ABUSE CLASS ACTION LAWSUIT
.
.

Get back to me about this issue. I&#039;ve conducted some legal research and there appears to be a viable legal claim here for DAC abuse. For example, the following lawsuit mentioned DAC abuse based on &quot;defamation&quot;. The defendant relied on a &quot;qualified privilege&quot; to make statements to DAC against the employee,which protects them against any false statements. However,if the statements to DAC were made with the knowledge that they were false, the element of malice would defeat the privilege and the defendant would be held liable for the false reporting to DAC. 

.
.
Read it for yourself. 
.
.

THE FOLLOWING LAWSUIT WAS FILED IN 2009 BY A TRUCK DRIVER ACTING PRO SE (without an attorney). HE DEFEATED THE DEFENDANT’S MOTION TO DISMISS HIS LAWSUIT. IT INVOLVED “DAC” ABUSE. 
.
.


&quot; Plaintiff is a pro se litigant pursuing a claim related to losing his job as a truck driver. …Plaintiff has accused Raven of making defamatory statements about him to the EEOC and the DOL as well as to a potential employer, D. Krutiak Trucking (“Krutiak”). Raven has also been accused of releasing defamatory statements in a DAC Report, an employment-history database for motor carriers. Raven has moved to dismiss on the grounds that the statements that they made were privileged and not subject to liability. Plaintiff claims that these statements were knowingly false and have made it difficult for him to secure other employment..... (a) An employer or any person employed by the employer who discloses information about a current or former employee&#039;s job performance to a prospective employer is presumed to be acting in good faith; and unless lack of good faith is shown, is immune from civil liability for such disclosure or its consequences. For purposes of this section, the presumption of good faith may be rebutted upon a showing that the information disclosed by such employer was knowingly false, was deliberately misleading or was rendered with malicious purpose; or that the information was disclosed in violation of a nondisclosure agreement, or was otherwise confidential according to applicable federal, State or local statute, rule or regulation.......This privilege carries a rebuttable presumption of good faith. Qualified privilege will not attach to the DAC Report or Raven&#039;s communications with Krutiak if they were knowingly false, deliberately, misleading, or rendered with malicious purpose........Plaintiff has alleged that Raven&#039;s statements were knowingly false and rendered with malice. Since this Court must assume that these allegations are true for the purposes of this motion…Plaintiff&#039;s defamation claim for the DAC Report and for communications with Krutiak cannot be dismissed now... Considering the foregoing, Raven&#039;s Motion to Dismiss is DENIED&quot;
.

Eaton v. Miller Brewing Co.
Not Reported in A.2d, 2009 WL 1277991
Del.Super.,2009.
.
.

The above case teaches that to hold the trucking company liable, the allegation MUST not only allege that the trucking company made a false report to DAC; but that there MUST be sufficient evidence showing that the trucking company knew their report to DAC was false when it was made to DAC. 
.
.

Again, I believe that there is a viable and strong class action claim here for DAC abuse. Which includes punitive damages for the harm the trucking companies caused drivers. After reading a number of complaints, it appears the trucking companies are using the DAC report as their own personal “black list” to retaliate against drivers and that the administrator of DAC may be assisting them. For example, drivers who completely lose their income due to false DAC reporting. Please get in touch with me so I can take this to the next level with the law firms I work with.  
.
.

http://www.Badisse.com
.
.</description>
		<content:encoded><![CDATA[<p>DAC ABUSE CLASS ACTION LAWSUIT<br />
.<br />
.</p>
<p>Get back to me about this issue. I&#8217;ve conducted some legal research and there appears to be a viable legal claim here for DAC abuse. For example, the following lawsuit mentioned DAC abuse based on &#8220;defamation&#8221;. The defendant relied on a &#8220;qualified privilege&#8221; to make statements to DAC against the employee,which protects them against any false statements. However,if the statements to DAC were made with the knowledge that they were false, the element of malice would defeat the privilege and the defendant would be held liable for the false reporting to DAC. </p>
<p>.<br />
.<br />
Read it for yourself.<br />
.<br />
.</p>
<p>THE FOLLOWING LAWSUIT WAS FILED IN 2009 BY A TRUCK DRIVER ACTING PRO SE (without an attorney). HE DEFEATED THE DEFENDANT’S MOTION TO DISMISS HIS LAWSUIT. IT INVOLVED “DAC” ABUSE.<br />
.<br />
.</p>
<p>&#8221; Plaintiff is a pro se litigant pursuing a claim related to losing his job as a truck driver. …Plaintiff has accused Raven of making defamatory statements about him to the EEOC and the DOL as well as to a potential employer, D. Krutiak Trucking (“Krutiak”). Raven has also been accused of releasing defamatory statements in a DAC Report, an employment-history database for motor carriers. Raven has moved to dismiss on the grounds that the statements that they made were privileged and not subject to liability. Plaintiff claims that these statements were knowingly false and have made it difficult for him to secure other employment&#8230;.. (a) An employer or any person employed by the employer who discloses information about a current or former employee&#8217;s job performance to a prospective employer is presumed to be acting in good faith; and unless lack of good faith is shown, is immune from civil liability for such disclosure or its consequences. For purposes of this section, the presumption of good faith may be rebutted upon a showing that the information disclosed by such employer was knowingly false, was deliberately misleading or was rendered with malicious purpose; or that the information was disclosed in violation of a nondisclosure agreement, or was otherwise confidential according to applicable federal, State or local statute, rule or regulation&#8230;&#8230;.This privilege carries a rebuttable presumption of good faith. Qualified privilege will not attach to the DAC Report or Raven&#8217;s communications with Krutiak if they were knowingly false, deliberately, misleading, or rendered with malicious purpose&#8230;&#8230;..Plaintiff has alleged that Raven&#8217;s statements were knowingly false and rendered with malice. Since this Court must assume that these allegations are true for the purposes of this motion…Plaintiff&#8217;s defamation claim for the DAC Report and for communications with Krutiak cannot be dismissed now&#8230; Considering the foregoing, Raven&#8217;s Motion to Dismiss is DENIED&#8221;<br />
.</p>
<p>Eaton v. Miller Brewing Co.<br />
Not Reported in A.2d, 2009 WL 1277991<br />
Del.Super.,2009.<br />
.<br />
.</p>
<p>The above case teaches that to hold the trucking company liable, the allegation MUST not only allege that the trucking company made a false report to DAC; but that there MUST be sufficient evidence showing that the trucking company knew their report to DAC was false when it was made to DAC.<br />
.<br />
.</p>
<p>Again, I believe that there is a viable and strong class action claim here for DAC abuse. Which includes punitive damages for the harm the trucking companies caused drivers. After reading a number of complaints, it appears the trucking companies are using the DAC report as their own personal “black list” to retaliate against drivers and that the administrator of DAC may be assisting them. For example, drivers who completely lose their income due to false DAC reporting. Please get in touch with me so I can take this to the next level with the law firms I work with.<br />
.<br />
.</p>
<p><a href="http://www.Badisse.com" rel="nofollow">http://www.Badisse.com</a><br />
.<br />
.</p>
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		<title>By: David</title>
		<link>http://www.askthetrucker.com/trucking-companies-paying-to-keep-false-info-on-dac-report/comment-page-1/#comment-2910</link>
		<dc:creator>David</dc:creator>
		<pubDate>Sun, 08 Nov 2009 04:27:24 +0000</pubDate>
		<guid isPermaLink="false">http://www.askthetrucker.com/?p=1065#comment-2910</guid>
		<description>I can see a class action claim for DAC abuse.

Let me know if you want me to look into it. I&#039;m a scout for a number of class action law firms. 

http;//www.Badisse.com</description>
		<content:encoded><![CDATA[<p>I can see a class action claim for DAC abuse.</p>
<p>Let me know if you want me to look into it. I&#8217;m a scout for a number of class action law firms. </p>
<p>http;//www.Badisse.com</p>
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		<title>By: Allen Smith</title>
		<link>http://www.askthetrucker.com/trucking-companies-paying-to-keep-false-info-on-dac-report/comment-page-1/#comment-2888</link>
		<dc:creator>Allen Smith</dc:creator>
		<pubDate>Thu, 05 Nov 2009 23:50:53 +0000</pubDate>
		<guid isPermaLink="false">http://www.askthetrucker.com/?p=1065#comment-2888</guid>
		<description>They won&#039;t even read Bills they are signing into law, most of the time ... no surprise . . . like you said - &quot;Politicians&quot;</description>
		<content:encoded><![CDATA[<p>They won&#8217;t even read Bills they are signing into law, most of the time &#8230; no surprise . . . like you said &#8211; &#8220;Politicians&#8221;</p>
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		<title>By: Allen Smith</title>
		<link>http://www.askthetrucker.com/trucking-companies-paying-to-keep-false-info-on-dac-report/comment-page-1/#comment-2875</link>
		<dc:creator>Allen Smith</dc:creator>
		<pubDate>Thu, 05 Nov 2009 05:51:19 +0000</pubDate>
		<guid isPermaLink="false">http://www.askthetrucker.com/?p=1065#comment-2875</guid>
		<description>Being covered by the FCRA and FACTA are meaningless here, by evidence of the thousands of drivers who have their careers ruined by the DAC Reporting Services and those companies who maintain the false info on their reports.  What possible motivation do they have?  Reasons as childish as just &quot;getting even&quot; ... the entire system is set up in favor of the company . . . to say &quot;there are remedies&quot; is too easy of an &quot;answer.&quot; The &quot;remedies&quot; do not work as shown by the several hundred responses so far received on the petition.</description>
		<content:encoded><![CDATA[<p>Being covered by the FCRA and FACTA are meaningless here, by evidence of the thousands of drivers who have their careers ruined by the DAC Reporting Services and those companies who maintain the false info on their reports.  What possible motivation do they have?  Reasons as childish as just &#8220;getting even&#8221; &#8230; the entire system is set up in favor of the company . . . to say &#8220;there are remedies&#8221; is too easy of an &#8220;answer.&#8221; The &#8220;remedies&#8221; do not work as shown by the several hundred responses so far received on the petition.</p>
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		<title>By: Brian</title>
		<link>http://www.askthetrucker.com/trucking-companies-paying-to-keep-false-info-on-dac-report/comment-page-1/#comment-2865</link>
		<dc:creator>Brian</dc:creator>
		<pubDate>Wed, 04 Nov 2009 20:04:07 +0000</pubDate>
		<guid isPermaLink="false">http://www.askthetrucker.com/?p=1065#comment-2865</guid>
		<description>What possible motivation could there be for a trucking company to pay DAC, or any other reporting agency, to keep false information on an ex-employees report?

I&#039;ve no doubt that false information exists on many reports but the reporting agencies, like credit reporting agencies, are covered by the FCRA and FACTA. There are remedies.</description>
		<content:encoded><![CDATA[<p>What possible motivation could there be for a trucking company to pay DAC, or any other reporting agency, to keep false information on an ex-employees report?</p>
<p>I&#8217;ve no doubt that false information exists on many reports but the reporting agencies, like credit reporting agencies, are covered by the FCRA and FACTA. There are remedies.</p>
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		<title>By: Mick</title>
		<link>http://www.askthetrucker.com/trucking-companies-paying-to-keep-false-info-on-dac-report/comment-page-1/#comment-2850</link>
		<dc:creator>Mick</dc:creator>
		<pubDate>Mon, 02 Nov 2009 22:47:00 +0000</pubDate>
		<guid isPermaLink="false">http://www.askthetrucker.com/?p=1065#comment-2850</guid>
		<description>Get response back on my note regarding falsifying DAC reports from the senator. What do I get? A note regarding diversity, discrimination, and losing employment because of ones sexual orientation. I let him have it. Next time please read what is sent understand it or ask for clarification before you send out some lackluster and at best ridiculous response. Politicians.</description>
		<content:encoded><![CDATA[<p>Get response back on my note regarding falsifying DAC reports from the senator. What do I get? A note regarding diversity, discrimination, and losing employment because of ones sexual orientation. I let him have it. Next time please read what is sent understand it or ask for clarification before you send out some lackluster and at best ridiculous response. Politicians.</p>
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		<title>By: Allen Smith</title>
		<link>http://www.askthetrucker.com/trucking-companies-paying-to-keep-false-info-on-dac-report/comment-page-1/#comment-2806</link>
		<dc:creator>Allen Smith</dc:creator>
		<pubDate>Thu, 29 Oct 2009 20:35:52 +0000</pubDate>
		<guid isPermaLink="false">http://www.askthetrucker.com/?p=1065#comment-2806</guid>
		<description>That&#039;s great Mick - this will be our next step in moving forward with the Stop False DAC Reporting issue ... I cannot do it on my own, I&#039;m going to need a lot of help from people, such as yourself.  Thanks for your efforts - Allen</description>
		<content:encoded><![CDATA[<p>That&#8217;s great Mick &#8211; this will be our next step in moving forward with the Stop False DAC Reporting issue &#8230; I cannot do it on my own, I&#8217;m going to need a lot of help from people, such as yourself.  Thanks for your efforts &#8211; Allen</p>
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		<title>By: Mick</title>
		<link>http://www.askthetrucker.com/trucking-companies-paying-to-keep-false-info-on-dac-report/comment-page-1/#comment-2805</link>
		<dc:creator>Mick</dc:creator>
		<pubDate>Thu, 29 Oct 2009 20:16:20 +0000</pubDate>
		<guid isPermaLink="false">http://www.askthetrucker.com/?p=1065#comment-2805</guid>
		<description>I have written both Senator from Illinois, Durbin and Buriss with the above note. Get involved people!</description>
		<content:encoded><![CDATA[<p>I have written both Senator from Illinois, Durbin and Buriss with the above note. Get involved people!</p>
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