Trucking Companies Responsibility for DAC Reporting – FCRA § 623(a)
Why are trucking companies able to place a false report on a driver’s DAC Report? The Fair Credit Reporting Act clearly states:
FCRA § 623. Responsibilities of furnishers of information to consumer reporting agencies
[15 U.S.C. § 1681s-2]
(a) Duty of Furnishers of Information to Provide Accurate Information
(1) Prohibition
(A) Reporting information with actual knowledge of errors.
A person shall not
furnish any information relating to a consumer to any consumer reporting
agency if the person knows or has reasonable cause to believe that the
information is inaccurate.
Even with such complete, accurate wording such as this, trucking companies are still capable of reporting false claims to DAC and the driver is most often, left with a ruined career. I thought I would give my reasoning for why trucking companies are able to get away with this inaccurate reporting:
Under this Regulation, drivers would be in their right to file a lawsuit against the trucking company for furnishing inaccurate information. But this is where the big problem comes in for the truck driver. The trucking companies that do this, know that the burden of proof is placed on the driver, not on them. This is how our justice system is set up.
For example: we all know that there have been drivers who have given the trucking company their two week notice and the company then tells them to drop off the truck/trailer at a certain location. The driver does as he/she is told, does everything correctly and professionaly, and yet, later they discover that the trucking company has placed an “abandoned vehicle” on their DAC Report. If the driver chooses to sue the company for this false report . . . how does he/she prove it?
Most often, no company management at the terminal will sign anything for the driver stating that they did, indeed, do as they were ordered. Most other drivers would be leery of “getting involved” in fear of losing their job. Very often, they are told to leave the vehicle at a “drop yard” where there will be no one around at the time. The driver could take pictures…but savvy lawyers would destroy these. Many drivers use a recording device to record their instructions from dispatch or whoever . . . but the chances of the Judge allowing this as evidence, is next to nill. Generally, the law states that the person you are recording, must KNOW that they are being recorded.
With the burden of proof placed on the plaintiff, the truck driver is up against great odds with multi-million dollar trucking companies.
Just my take on the matter . . .
**Special thanks to “Thomas” for his input with this post**
Allen
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Allen:
I enjoyed meeting you this past weekend and am very impressed by your website.
But you are mistaken about your legal conclusions here. First, it is incorrect to say that a judge would not allow such a recording into evidence. Practically every court would allow such a recording into evidence to rebut the trucking companies false claim that they did not give directions. And, if the directions to the trucker were give over the public airwaves (as opposed over the telephone), it is extremely unlikely that law enforcement would even raise an eyebrow over such a recording practice. Of course, if such directions were given over them phone, I would, rather than audio recording them, jot down the written info into a written or electronic log which is kept by the trucker in the ordinary course of business. The log, then, would be admissible later in a courtroom in support of the trucker. Increasingly, electronic means of such memorializing would be just as effective. I can easily envision a trucker recording a video or audio note to himself that he was just instructed by the trucking company – state name of who instructed him for best results and date/time/place – to take the truck to XX place – timestamped and sent to his own email address as a record of the direction. It would be completely admissible to support the trucker.
Second, a lawyer would not be able to “destroy” the photographs or such notations. If the trucker is prepared to swear under oath that the photos or notations were made by him at the time and date he asserts, the judge is going to allow them into evidence.
Finally, the trucking company that places such false info on a trucker’s record is also very likely liable for damage to the trucker’s reputation and credit under most states’ Unfair or Deceptive Trade Practices Act or other consumer protection statute.
Daniel Perry
Practicing Attorney, former judge
Beware of Service Trucking,Eustis,Fl, my son-in-law had the misfortune to work for them as a driver (class A cdl) for them, and was involved in a non-preventable accident, he received no ticket, and a witness at the scene, testified to the trooper, there was nothing that could be done. Service Trucking took it upon themselves to put on his D.A.C. report, that he refused a “breathalyzer” (anyone who knows anything about driving,knows that would be an immediate suspension) and that it was a “preventable” accident. My son-in-law can not get a job now because of this. I have driven, and been around trucks all my life, and I am 51 years old, and have never seen anything like this! My son-in-law wouldn’t even drink a beer 24 hours before he had to go on a run, he spent over $8000.00 to get a CDL license, and these guys are ruining his life, so beware if you are thinking about going to work for them! I will be posting this on any and all trucking websites that I can also, spread the word, drivers need to stick together. also, the company that reports the info on D.A.C. is USIS, or HireRight, they will put anything a trucking company tells them on the report,without documentation, or verification of the claim,I spoke with a lady on the phone there,and she told me that herself. There are 1000’s of drivers who have been slandered by trucking companies, and there is a “class act” lawsuit going on against them right now, so get on board if your a victim also. DRIVERS UNITE !!!!
HireRight – DAC Services is a well-known abusive scam against drivers. We are still collecting signatures on the STOP FALSE DAC REPORTING petition. Keep signing … we are working with a law firm to move forward with this …. thanks, Allen
http://www.ipetitions.com/petition/falsedacreports/
Hello Mr. Perry: I enjoyed our visit in Orlando, as well. This is why I always try to make clear that I am not an attorney! I appreciate your expertise in this matter, due to the fact that so many drivers experience hardships from false claims that are placed on their DAC reports. Since so many drivers usually run into a brick wall when attempting to have such negatives removed from their DAC, we are working hard to bring about changes to such practices. I appreciate your comment and sharing the expertise that many of us just do not have. Thanks again, Allen
Allen:
Why do companies do this? What do they gain?
And what is the process for removing a false claim from their DAC? Perhaps I can help with that process.
Daniel Perry
Mr. Perry:
Companies do this for two reasons: (1) when done legitimately, it will alert trucking companies to “problem” drivers and make it near impossible for these drivers to find employment within the commercial driving industry – and (2) they do it out of spite. Their are many drivers who have done nothing wrong, but because the company is simply “upset” that the driver is quitting, very often the company will place a false claim on their DAC, just to “get even” with the driver. This sounds so elementary, I know, but this occurs more than people realize. Drivers can get a free copy of their DAC once per year, any more copies are $9.50 each. We provide a link for drivers to download the form to request a copy of their dac and the form they can download to begin the “dispute” process. There have been drivers who have fought long and hard and have gotten such info removed, but for the most part, nothing is ever done and many drivers reputation and careers have been ruined. I have recently launched a new site with the info needed to help drivers understand the DAC system better….. http://www.truthabouttrucking.com/dacreport/index.html
Thank you for your interest….there are many drivers needing such assistance!! Allen
USIS is a private corporation used by the industry to police truckers? They could also be liable for not properly investigating and for continuing to post false and libelous information. They would not have immunity from a such a lawsuit under §230 of the federal Communications Decency Act, either.
Daniel Perry
It’s facts like these that have so many puzzled as to why they continue to get away with it?? Everyone can read more about the USIS at : http://www.usis.com/default.aspx
Allen
what trucking companies gain by giving you a bad dac report is one less driver for competing carriers. They know the dac is
bogus because they all use it to hurt departing drivers, but they
also know that should a driver have an accident and wind up in court the opposition attorney can nail the hiring trucking company for taking on a driver with a bad dac. And of course an office pogue is bound to feel mighty and powerful when they can destroy a career by simply writing something on a computer.
i need help,i use to work for a company that put false information on my dac report after i quit…
Mark: this is common and can be very difficult to overcome….but, it can be done with work and dedication, is some cases. Check out our site that explains what you can do on your own, to start the process:
http://www.truthabouttrucking.com/dacreport/index.html