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
(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**
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