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How to Remove False Information From the DAC Report

Jan
28,
2010
8

By:  Allen Smith

Allen SmithIt is a constant battle.  Thousands of truck drivers unable to find another truck driving job due to false information having been reported to their DAC report.  The number of drivers affected is unknown.  Other false information is constantly being spread through-out the internet, such as one poster stated that the information on the DAC report is 99.9 percent accurate . . . yet, the poster provides no evidence of where this number comes from.  Of course, it is a percentage that he has just pulled out of the air, based on whatever his agenda is.   It is often not difficult to discover why such behavior goes on.  Such as the case of this poster making the 99.9% comment.  Hiding in the forum as a “driver” he is in fact,  an owner of a trucking company.  I prefer to deal with facts, not whimsical numbers and exaggerated statements from a trucking forum that will not allow those drivers to post their DAC stories and show their support of the  Stop False DAC Reporting petition.

Another trucking forum refused to allow us to post the link to the  DAC petition to their forum saying that we were “only trying to advertise.”  Perhaps I am naive?  I assumed that trucking forums were for the drivers?  If not, what do you think they are for?

Furthermore, when you dig a little deeper, trying to discuss the issues facing the industry and drivers today, I will receive a post back similar to:  “You are only trying to sell your eBooks.” Forget about the time spent answering emails, returning phone calls, posting to this blog, broadcasting our Blog Talk Radio show . . . it is all about “trying to sell your eBooks.” Once again, confirming my past article:  The Truck Driver’s Worst Enemy.

This is why I am not big on trucking forums.  There are only a handful of trucking forums that provide excellent, fair and honest postings.  As CDL students or new drivers, realize that whoever is answering your questions you post to the forum, you have no idea who they are.  One example is where a new driver asked a question about a certain trucking company and wanted to know if it was a good company to go to.  The answer he received was very positive, praising the company and advising him that it would be a great company to get on with.   A few months later the new driver was back in the forum, telling his poor experience with the company.  It was later identified that the answer had come from a recruiter of the said company.  Remember, this is still the internet . . . when asking advise and opinions inside these trucking forums, etc., it could be anybody with an impressive “handle” giving you advise.    A key sign to a poor forum is when you try to post a comment that is biased against the conversation that is occurring, and they will “not allow” your comment to post.  This is a sign the trucking forum or other various site, has an agenda of some kind.

I will generally get pulled into posting on some forums, but I mainly stay away.   Most of the forums just want to do what they have been doing for years and years . . . just the same old talk and “blah, blah, blah” but never really standing up and taking any action of any kind to help raise the standards of the trucking industry for both, the industry and drivers.  Taking actual “action” for a good cause is too much work.  The “blah, blah, blah” is much easier to do.

As far as complete accuracies for the DAC report, I have no idea what the numbers are.  Even if the 99.9% is correct, (which it is not), with four million active CDL drivers in the United States, that would mean that 4,000 drivers have had false information placed on their DAC report, ruining their livelihood.  Yet, I have received hundreds and hundreds of emails and letters from drivers across the country sharing their DAC stories with me, as well as having received, thus far, 1,043 signatures on the DAC petition.  Furthermore, I have received a large number of emails from drivers wanting to sign the petition, but fear being identified by their employer and losing their jobs.  I completely understand and would not want anyone to sign the petition if they thought they could lose their job for doing so.  Even if the number is only 4,000 drivers affected by false DAC reporting, what should we do?  Just leave them blowing in the wind?

Whether or not we can reach the number of signatures needed for State Representatives, Congress and the Senate to take notice, remains to be seen.  There is much more  to bringing about reform on an issue than just having a petition.  It takes letters, phone calls, emails and various means of drawing attention to the fact that the cause is worth the attention of those with the power to bring about the reform.  The best example of this is the undying desire shown by the Rivenburg family for House Bill H. R. 2156, Jason’s Law.

Will we make it?  I don’t know.  But unlike most of these trucking forums which choose to just send out meaningless chatter and find it too hard to stand up for a cause to help the industry and, most importantly drivers,  if we don’t make it, we can at least say we tried.  At least we stood up and took action . . . we did something.  I am continuing with the DAC cause and will further wait to see how it is shaping up . . . I have a lot of patience.

Recently I have been getting quite a few emails from some of you facing false information on your DAC saying that you “quit without notice” even though you advise that you never even worked for the company, only attended the orientation.  This is how a trucking company can place this on your DAC Report:

Once a company has assigned you a driver number, you are officially employed.  This number assignment is done during the orientation, in order to have you ready to go on your first load.  Even if the company tells you to go home and wait for your first load, having the driver number assigned to you and having been placed in their system, you are officially hired and an employee.   If you decide to call the next day and tell them you have chosen not to take the job after all, the company has to pay the accounting department, the HR department, etc., in removing the assigned number from you and pulling you out of their payroll system.  Not to mention the time and money they have put in with the training, motel expenses, food expenses and so forth.   Once that driver number has been assigned to you, legally your employment with the company has been accepted.  Even though you never actually drove for them, legally they can report that you quit without notice.

Is it the moral thing to do?   No.   Is it the ethical and right thing to do?  No.  Is it legal?   Yes.   Due to false information being placed on drivers’ DAC reports, naturally you want to work at having it removed.  The first thought is SUE!  The DAC services are very acquainted with law suits and will not even blink an eye at this threat.   The proper way to handle removing false info from the report, is to follow the procedures laid out by DAC.

  • Receive a copy of your DAC Report
  • File a Dispute
  • Provide a written statement accounting your side of the story

Sounds simple, right?   Here’s the key aspect that you need to understand about how to remove false information from the DAC report.  Its’ very simple . . . you must have verifiable, tangible, physical . . . some kind of PROOF showing that your account is indeed fact.  Without proof, without evidence, chances of having the false info removed is very slim.

They have specific procedures for drivers to follow to begin the dispute process and having false info removed from the report. The main reason drivers have trouble having false info removed, is because the driver has no physical or verifiable proof.

This was further ruled on from the ruling of the April, 2009 court case:

Eaton vs. Raven Transport

“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.”

Based on this case, it was determined by the courts that:

“The transport company cannot hide behind a “qualified privilege” when it makes intentional false statements on the DAC report.  The transport company will be held legally liable for such intentional and malicious conduct. Not only will the company be liable for compensatory damages resulting from the truckers’ inability to obtain work;  but its malicious conduct warrants punitive damages.”

Here is the actual quote determining the win for the driver:

“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’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’s communications with Krutiak if they were knowingly false, deliberately, misleading, or rendered with malicious purpose……..Plaintiff has alleged that Raven’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’s defamation claim for the DAC Report and for communications with Krutiak cannot be dismissed now…

Considering the foregoing, Raven’s Motion to Dismiss is DENIED”

Eaton v. Raven Transport.

Not Reported in A.2d, 2009 WL 1277991

Del. Super., April 2009.

First, follow the procedures that DAC wants you to take.  If that fails and you consider a lawsuit, remember the understanding that came from the ruling of April, 2009: 

“That there MUST be sufficient evidence showing that the trucking company knew their report to DAC was false when it was made to DAC.”

To request a copy of your DAC Report . . .

To File a dispute . . .

For more information on the DAC services . . .

I’ll keep you informed on the DAC petition and how it’s looking, and will never just throw out “numbers from the air.” I wish I could give you a powerful and impressive “handle” . . . but my handle is just Allen Smith.

Thanks for all your support.


© 2010, Allen Smith. All rights reserved.

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By: Allen Smith

Allen Smith is a 37 year veteran who started at an early age in a household goods family moving business. He began driving straight trucks in 1977 and moved to the big rigs in 1982. His experience within the industry includes; owner operator, company driver, operations manager, and owner of a long distance HHG moving business, taking many of the long haul moves himself when needed. Allen Smith, a truck driver advocate who is driven by the desire to help others succeed within an industry where injustice, unrewarded sacrifice, and lack of respect and recognition exists. Allen and his wife Donna are hosts of Truth About Trucking ”Live” on Blog Talk Radio. Other websites include AskTheTrucker, TruckingSocialMedia, NorthAmericanTruckingALerts, TruthAboutTrucking, and many Social Media websites. In 2011 Allen and Donna hosted the first Truck Driver Social Media Convention, designed to create unity and solutions for the trucking industry. This is now being extended through the North American Trucking Alerts network as those within the industry join forces for the betterment of the industry. Allen strongly supports other industry advocates who are also stepping up to the plate to help those who share honesty, guidance and direction. He believes that all those involved in trucking need to be accountable for their part within the industry, including drivers, carriers, brokers, shippers, receivers, etc… The list of supporters and likeminded people grow daily, networking together and sharing thoughts and ideas for the betterment of trucking. He has coined the popular phrase "Raising the standards of the trucking industry"

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8 Responses to How to Remove False Information From the DAC Report. - Post a Comment

  1. […] This post was mentioned on Twitter by Aubrey &, Allen Smith. Allen Smith said: How to Remove False Information From the DAC Report: By:  Allen Smith It is a constant battle.  Thousands of… http://tinyurl.com/ybqy2ow […]

  2. Kevin M

    Hi Allen , I just sent you a somewhat long email telling how bad things have become for me . one of the biggest problems is , there is really know way for a driver to collect evidence legally , the company that started the dac ball rolling for me claims I had all kinds of preventable accidents , there were no police reports , they will never be able to to show any type of insurance reports , names of insurance adjusters , no way of showing a legitimate list of parts replaced , parts numbers , vendors names and so on , if I were to get them in court and ask for these things, there is no way for them to be able to show them , and if by chance a judge were to give them any time to gather such things , they would all be falsified
    If a driver gives notice of his leaving , the company will tell him to take the truck to a certain place but then the company will make sure that the driver never gets to that place , and if anyone thinks other wise , they are fools , Now this forces the driver to take that truck to the terminal where he keeps his POV and then clean out the truck and turn the keys in , and if they ask for a receipt for the truck and key , they will simply be told , WE CAN NOT DO THAT . so what happens the driver is charged with abandonment ,or QUIT UNDER LOAD or what ever they choose . now , how is a driver supossed to deal with that , Truth , HE CANT
    As far as these back ground checks , Allen , there is no reason for them at all , if a company wants to know if a driver has had an accident , a simple inquiry to the drivers state DMV will certainly reveal any accidents , if a comapny wants to know if a driver has been involved in any type of criminal activity , again , a simple inquiry to the persons local police department will of course show that activity . These employment histories are only ways to hurt people . And now I see something about companies faxing info to other companies , that is just wrong and should be illegal . that opens the door for even further damage to be done and it goes undetected . Anyone who thinks DAC is actually going to force a member company to show hard evidence to back up their claims before DAC post reports is is dreaming . If any one thinks that DAC is actually going to do a honest investigation into a dispute is crazy . DAC is not going to take the chance of loosing money because they want 100% proof from that member that the info being sent is accurate . All DAC does is call the company or tell you that they called and all they will be told is “YES THE INFO IS ACCURATE end of investigation . One of the things that is not mentioned alot ,is Accidents , FMCSA has specific definitions of a accident but, the problem starts where FMCSA leaves an open door for companies to call anything they choose a accident . Its not only DAC its DAC and the companies together. Companies do not have to prove that you had a accident at all . All they have to do is report it and your done . The way it should be is this , if you are not cited by the police then the company should not be able to report it on a dac report plane and simple . One situation I was in in , when I ask the officer if he was going to write me a ticket , he asked for what? you havent done anything wrong , when I told him my company was going to charge me with a preventable accident , he told me that they can not do that . I then had a long talk with him about DAC , The man was in shock and still told me that I had not had an accident and he did not understand how anyone could be allowed to do this . think about this , every driver who has ever backed up to a loading dock and makes contact with said dock has had a backing accident . So all of you drivers out there with those Million Accident Free miles Stickers on your trucks are not accident free . Think about it .Allen I have tried so hard to get drivers to go and sign the petition but so many dont care. I have tried to get even the ones who are suffering from DAC problems,they just will not sign . I dont get it . getting rid of DAC and all such reporting , and getting a major change in this industry is going to be a long , hard fight and the only way , THEY ONLY WAY will be when drivers are all left with NOTHING only then will they finally stop the trucks . Allen I know its sad but that is the only way the powers that be and the companies are going to to do the right thing . I for one will always stand by your side and will offer what ever I can to help you , help us .

  3. Allen Smith

    Hi Kevin: Yes, all of this has been advised before, but if there is one thing that we continue to do here is to provide awareness of these issues, and awareness can help in more ways than one.

    For CDL students and new drivers to be aware of these things that go on in the industry can only help them be more prepared when entering trucking as a career, and I have seen several changes due to many of these facts getting out publicly.

    Yes, it’s a hard road to take, and many drivers sit back and do nothing but complain, but info we publicly present has caught the attention of many organizations and political powers, so awareness is a big key in what we do and helps more than you may realize.

    The Truckers Justice Center has helped MANY drivers with DAC problems and other issues, but they cannot help a driver if the driver does not contact them …

    http://www.truckersjustice.com

    Best of luck to you and thanks for all you do …

    Allen

  4. Elkan Holsey

    If a company puts something on your dac, can you go to the company and ask them to remove it? Even if what they put is somewhat true.

  5. Allen Smith

    You can always ask, doesn’t mean they will. If you do, act professional . . . don’t give them anymore reasons to do anything.

  6. Donald graham

    I am presently in the middle of a battle with Prime Inc. My situation is a bit different as I had attend there school for cdl training and after 4 days decided it was not a good fit for me. I never got a CDL or a CDL permit and was Never an Employee of there company. However when I applied to attend a different smaller company cdl training I discovered that Prime had reported to Hire Right / DAC false information. I did file a dispute and found out that because I did not posses a CDL or CDL Permit that I do not have a DAC report but Prime had reported that I took a pre employment dot drug test. So I disputed that as I was told that Prime was stating I had also failed that test.

    So I started researching and found that because I did not posses a cdl or cdl permit and was a student I was not only subject to the DOT alchohol and Drug Program but also that the test would not even qualify by the DOT/FMCSA as a pre employment drug test. So I submitted all of this information to Primes in House attorney and the drug test report and information was removed within 3 days.. So thinking all was good I applied to an independent school for cdl training and discovered that While prime did remove that report they submitted another report stating I had either left was dismissed from orientation adding that I had violated company policy or rules and I would not be eligible for re-hire.. Which was a violation of the FCRA Laws for knowingly filing false information.

    Because I was never an employee nor was I ever considered an employee by Prime. I have even had 2 companies call into Prime because of this report to verify my employment with Prime. They were told that there is NO Record of employment for me and that I was never Hired by Prime. but the companies could go and register with Primes web site and it would direct them to the report about me…

    After talking with Primes attorney again and disputing the information through the appropriate channels the attorney said that there is nothing I can do about it and that it will not be removed.. I was also informed that I cannot list Prime as a previous employer on any application as I was Never an employee of there’s..

    I have learned through my research that Paul Taylor from Truckers Justice has successfully litigated several cases against New Prime Inc. 2 of which were for False reporting of information on DAC against a driver. Also that Hire Right had to pay 2.6 million dollars for violating the FCRA false reporting laws. I also have discovered that a Law firm in California Devin Coyle Law has started to lay the ground work to see if a Class Action Law Suit is Viable for false Information being reported on DAC.

    I will be filing a defamation suit against Prime Hire Right and individuals with in prime as I was informed through legal counsel that the individuals that allowed and generated the report also violated the law and participated in a slanderous act knowingly by creating the report..

    I would love to hear any advice you might have and I would gladly sign any petition available.. I am doing all of this 1st to clear my name and be able to pursue my passion. But more importantly because there appears to be far more people out there that are having there lives destroyed by this act..

    While I have a MBA and have had a successful 25 year career as an Executive for 2 Global Manufacturing Companies so going into the trucking industry was because of the passion for it I have since I was young. I realize that many of the people who are being victimized and having there lives completely destroyed may not have the resources I have or the experience in corporate america and find themselves Over whelmed..

    Thanks again and sorry this was so long I merely wanted you to have most of the information.. Again I would greatly appreciate any advice or even if you have a critic. As I would not want to do something that could damage or contradict the work you have already done..

    • Allen Smith

      Thank you for sharing your story
      My advice to you is to maintain councils as you pursue this wrong doing.
      Are you still with Truckets Justice center?

      Keep us posted.

  7. Chris Kanawyer

    I NEVER HAD A DUI IN A CMV AND PANTHER IS LYING TO EMPLOYERS AND THE PROOF IS ON DMV REPORT!! A LAWYER WILL BE CONTACTED ABOUT THIS!

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