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Trucking Companies Responsibility for DAC Reporting – FCRA § 623(a)

Jan
28,
2009
20

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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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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20 Responses to Trucking Companies Responsibility for DAC Reporting – FCRA § 623(a). - Post a Comment

  1. Daniel Perry

    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

  2. Allen Smith

    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

  3. Daniel Perry

    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

  4. Allen Smith

    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

  5. Daniel Perry

    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

  6. Allen Smith

    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

  7. Dave Bolt

    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.

  8. mark

    i need help,i use to work for a company that put false information on my dac report after i quit…

  9. Allen Smith

    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

  10. Keith Cantone

    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 !!!!

  11. Allen Smith

    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/

  12. rolando cardona

    Hey guys, i drove almost two year with a big company and they gave me termination. i have never see my reports from the company, because they just say its a preventibe accident with a letter by mail. i got one scale ticket when i started. my point is , i went to unemploy department to get my benefit and id sign it the record report from them and i didnt see the report to know if they are rigth or not. Now im just waiting for my DAC report to see what i got. i wont to loose my career as a truck driver. Now i have my second interview with the department to refuse the report. but im worry because im traing to get a job as a truck driver and is dificult. im a great guy and the termination word hurt me a lot.

    i would like an opinion, thank and b safe , )

  13. Joshua Israel

    See Page 19 of my Brief In Opposition…
    https://docs.google.com/viewer?a=v&pid=explorer&chrome=true&srcid=0B-CjH4UcgwuWN2U1Yzk4NDctMmY2Ni00YzIwLTg2ZTMtYmM5ZTNlYTk2OWIy&hl=en_US
    When I win, this will be your case authority, to follow….

  14. michele

    Im sitting here reading all the post as I have been reading so much these last few weeks due to the company my husband is driving for now Baylor Trucking out of Indiana) because this company doesnt care about the drivers treating them like garbage my husband never gets home on time the company tells him when his 10hrs are up hes to be up running so drivers lose time to drive because they can sit at a reciever for hrs to drop a load because their to get up when 10 hr is upwhich could be at midnight and cant drop till 7 drivers are also park at receivers or shippers they dont care if driver hasnt eaten or needs to ahower etc. They are making up requirements as they go to why you dont get the 1000 dollar guarantee when none of these requirements tthey make up are posted anywhere now that my husband is looking for another company my fear is that they will keep his last check or most of it or put on his dac report he was late on a load that a lot of drivers have reported this company has done.Im doing all the reseRcbing I can to have tbings on his side cause frankly Im tired of trucking companies getting away with so much when the driver pays for it all I dont want to hear its the industry and so on no its DOT osha. DAC not doing what is morally right period no driver should have to be treated like they are the gum on the bottom of tbeir shoe or so disrespected when its the driver who makes the money for the companies because they have to get the loads from a to b yes I know its about the money for 98% of companies but its time stuff gets done for drivers

    • Allen Smith

      You just wrote about some of the COMMON major problems in the trucking industry. Add to that low pay, more regulations, poor CDL training, lack of safe parking, leasing scams, and I’m sure others could add more here.
      This is just one reason why we started the Truck Driver Convention in KC, MO. Gathering drivers and those in the industry to create awareness and make a difference.

  15. Scott Jone

    I,m a owner of small fleet of 8 trucks. I have drivers that have abandon my trucks or refuse to return. Until they get the pay they are demanding. Where can I get help to protect owners.

    • Allen Smith

      Well, without knowing the details and just judging from your comment, my thought is; Tell them to bring back the truck so you can pay them what they’ve earned.

  16. Earl sampson

    Let me say this I applied for a job at Frey Miller in Ok,city because the company I was driving for sucked and afraid to quite because of what they might but I’m my dac so Liza at Frey ran my driving record ran dac she toldme everything was just had one ticket for property damage that’s it these guys I’m working just couldn’t quit.so put in my 2wk notice the called me in fired me and put 2 preventable accident s 1non_preventable on my dac and can’t get a job plz help can I get them

  17. A Wright

    I run a small fleet of trucks. I am also a driver and a victim of false DAC reporting. Our company pulls and reports to DAC. Trust me when I tell you that the system works. I have dealt with many bad employees that I felt obligated to warn other companies about. For instance a driver abandoned a truck with the motor running with the doors open. I also had a driver roll a brand new Peterbilt going 67 on a 35 mph curve. I have had drivers quit without notice and other minor issues, like unauthorized cash advances from Comdata. I feel like some of the options that are available to me on a termination report should not be there. I do not believe we should be able to report non-preventable accidents. Before I file a termination report to DAC I ask myself if the driver did something that I believe should prevent other companies from hiring him. I do not report quitting without notice, quitting under dispatch, non-preventable accidents. I will also use caution when reporting accidents if they are minor. The only time I will report an accident is if we terminated the driver as a result of the accident. I believe companies should leave drivers the ability to find employment elsewhere, however I also believe every company has a responsibility to report for public safety.

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