Smith's - "View
from the Cab"
Official Trucking Information Series
The Dac report is to the truck driver, as the credit report is to the consumer. The DAC report is similar in that when you apply for a job as a truck driver the first thing the prospective trucking company will check is your DAC. If there are any negative entries, you could have a very difficult time finding employment.
Your report consists of two parts: the first is your MVR, and the second is your work record, which is what your former employers have reported.
The United States Investigation Services, (USIS), was an information and security services company serving human resources, insurance, government agencies, and National Security markets.
Falls Church, Virginia,
USIS offered background screening and risk management solutions for the
transportation, healthcare, financial, gaming, and retail industries,
companies to make informed decisions about people and investments.
course, these "solutions" were provided to those trucking companies
that were within their "membership."
The DAC Services were the driving force behind USIS. It had provided background screening products to service the transportation industry for 25 years. DAC stands for "Drive-A-Check." However, it also became the ultimate truck driver nightmare. It is widely known that trucking companies very often report false claims to truck drivers’ DAC reports.
In 2009, USIS and HireRight formed the new HireRight services and DAC Services is now known as HireRight DAC Trucking Solutions.
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 per: [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. It is important to understand 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 professionally, insures that all freight loads have been delivered, etc., 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 instructed. 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.
Until truck drivers take a stand and fight back against these illegal actions by the trucking companies and the DAC reporting services, nothing will change.
Clearly, trucking companies who place false accusations on truck drivers DAC reports are in direct violation of the law. In fact, DAC itself is in violation of the law. DAC breaks the law by allowing knowingly false information to remain on the DAC report. But since there is BIG money floating around between the trucking companies and DAC, the average, hard working truck driver is up against incredible odds.
The American consumer is protected through the Fair Credit Reporting Act (FCRA), enforced by the Federal Trade Commission. It is designed to promote accuracy and ensure the privacy of the information used in consumer reports. Under the law, both the Consumer Reporting Agency and the information provider have the responsibility for correcting inaccurate or incomplete information falsely reported.
Yet, HireRight, the agency responsible for placing false information on truck drivers’ DAC reports, continues to operate with no recourse from the Federal Government, consumer advocacy groups or law enforcement officials. Furthermore, truck drivers victimized by the trucking companies who use the DAC services as a retaliation tool against them, receive no reparations for the injustice.
The two main bases being used by trucking companies as false claims against truck drivers are:
So, with all of this said .
. what can you do?
HireRight will conduct an investigation, free of charge, if you believe information in your report is incomplete or inaccurate. Before filing a dispute, you need to possess a copy of your report that is no older than 60 days (in order to help ensure that you are disputing information currently maintained by HireRight). If you do not possess a copy, please request one using the instructions above. The dispute reinvestigation process can take up to 30 days.
If you wish to contact the
HireRight Consumer Department for additional assistance, please use one
You are entitled to a free copy of your DAC Report once per year. Additional copies are available at $9.50 each.
HireRight DAC Services is regulated by the FCRA, (Fair Credit Reporting Act). If you are a truck driver having problems with false information having been placed on your DAC report, you may want to contact the FCRA for assistance.
Most often, following the guidelines of HireRight for DAC disputes will amount to no action being taken. Remember, HireRight holds the trucking companies account of events as truth and normally disregards the truck drivers' comments.
Contact information for DAC Services:
5151 California Avenue
4500 S. 129th East Avenue
FOR DAC FORMS :
Most likely, after going through all of the red tape with HireRight DAC, nothing will be done in order to remove any false information on the report. Should this be the case, you will need to take stronger measures.
The Whistleblower Protection Program
The Whistleblower Protection Program prohibits any person from discharging or in any manner retaliating against any employee because the employee has exercised rights under the OSH ACT. Such actions by the trucking company against the driver can include:
If you believe your motor carrier has discriminated against you because you exercised your legal rights as a professional truck driver, contact your local OSHA Office to file a complaint.
False information placed on your DAC by the motor carrier can literally ruin your driving career. If all else fails and you HAVE PROOF that the information reported is FALSE, you may need to retain the services of a trucking employment attorney. Truth About Trucking, LLC recommends:
Mr. Paul Taylor, attorney with the Truckers Justice Center. Mr. Taylor specializes in the following trucking employment fields:
Mr. Taylor has been very successful in the fight against false DAC Reporting:
Mr. Taylor is one of the few lawyers who truly understand how trucking carriers are able to manipulate policies in order to harass truck drivers and he is willing to take them on in the courtroom for the long-haul. His significant cases are a testament to the courage few have shown to challenge carriers that abuse and attempt to destroy driving careers.
You can see a list of some of his most significant cases here . . .
As you can tell, false DAC reporting by trucking companies against their truck drivers is a very serious problem, of which Truth About Trucking, LLC launched out against, forcing the issue into the public eye on January 9th, 2009.
What Truth About Trucking, LLC is doing
Formed on July 2nd, 2009, our “Stop False DAC Reporting” petition is still on-going and at the time of this writing has received 2,932 signatures. Because of our efforts to stop fase DAC reporting, it led to the Worker’s Council developing The DAC Report Class Action Registry.
Their goal is to learn more about the problem of false DAC reporting directly from truck drivers, in hopes that a pattern will emerge that justifies class action treatment.
If you have been injured by false information in your HireRight DAC Services report and you are in favor of a class action to stop false DAC reporting, please share your DAC experience with the Registry.
Your story will help the Registry in identifying a group, or groups, of drivers with claims against a common trucking company that are sufficiently similar, to be brought as a class action suit.
Whether or not you are interested in filing a lawsuit, or even participating as a class member, there are potentially thousands of truck drivers who could benefit from you sharing your story with the Registry, as well as signing the Stop False DAC Reporting petition.
To bring an end to false DAC reporting, used as retaliation against truck drivers, it will take many drivers to come together and become active in the cause. It has been an on-going battle to bring an end to the abuses faced by many professional truck drivers in regards to false information being placed on their DAC reports by trucking companies.
One of the major obstacles that truck drivers face is the ability to find employment once false information has been reported on their DAC report. It can literally destroy their career. The biggest problem faced is the ability to bring drivers together, to stand up and take action against this abuse.
Established on July 2nd, 1965, The EEOC is an independent federal law enforcement agency that enforces laws against workplace discrimination, including retaliation against employees by their employer.
The Equal Employment Opportunity Commission states:
“The law forbids retaliation when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.”
The DAC Report is responsible for the intentional blackballing of drivers from the trucking industry, with one report indicating that out of the 200 largest motor carriers in the U.S., over 85% use the information placed on DAC for hiring purposes. It is estimated that over 6,000 trucking companies subscribe to DAC Services.
The FMCSA regulations consist of rules pertaining to agencies such as HireRight DAC Trucking Solutions, found in §391.23 of the FMCSR. Furthermore, HireRight is supposed to follow the “Procedure in case of disputed accuracy”, as it pertains to the Fair Credit Reporting Act under Part § 611.
Yet, in many cases . . . they do not and they continue to get away with it.
If drivers would begin exercising their rights and flood the EEOC and OSHA with complaints against the DAC report, they would have to take notice.
Help spread the word and work to bring an end to false DAC Reporting:
1. Sign the Stop False DAC Reporting petition
2. Share your DAC story with The DAC Report Class Action Registry
3. Write a letter to your State Representative
4. Write a letter to the Senate