DAC Violated Trucker Rights: HireRight Sued by Department of Justice

HireRight and trucking DAC reports sued

The blatant inaccuracies and false information on some DAC reports isn’t news to the thousands of drivers who have felt blackballed in the trucking industry due to HireRight’s driver record database, but HireRight’s immoral business practices have finally been exposed to the rest of America by the Department of Justice and the Federal Trade Commission.

HireRight collects background information on drivers,  creating a “DAC” report on each driver, which is used to screen drivers when they apply for a job. Among multiple serious violations of consumer protection laws, the FTC alleges that HireRight sold DAC reports

on drivers that incorrectly listed criminal convictions, and failed to take reasonable steps to make sure the information on reports was as accurate as possible. HireRight agreed to pay $2.6 million to settle the charges brought by the DOJ and the FTC.

This doesn’t have to be the full extent of HireRight’s punishment for decades of mismanagement. The FTC is encouraging drivers with inaccuracies on their DAC reports to contact them using their online form: https://www.ftccomplaintassistant.gov/Consumer_Home.htm

All drivers are entitled to receive a free copy of their DAC report by submitting a request here: https://www.hireright.com/Disputes/Report.aspx

Full article via LandLine and FTC

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{ 41 comments… read them below or add one }

Matt August 17, 2012 at 5:44 am

Hopefully this corrupt company will be further exposed as more time goes by.

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mike morley August 17, 2012 at 6:08 am

Are we deluding ourselves ? Are we still the land of the free and the home of the brave ? DAC , Consumer’ credit reports, TWIC Cards , Hazmat eligibility finger printing and backround investigation. Being stopped at random with the order to ” present your papers ” . Secret dossiers , public records, that are ostensibly available to the citizenry, IF you can overcome the barriers thrown in your path and pay the requisite fees.Contrived exceptions to public records laws are also common. What have we come to ? The populace has lost control of their representatives or our government would not permit these types of vexations to the human spirit to have the power to ruin lives. It has been said ” we get the type of gov. we deserve “. Obviously we haven’t been paying attention.

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Lance August 17, 2012 at 6:13 am

It’s about time something was done about this – - I have heard about inaccurate DAC records for many years and up to now nothing was ever done about it. I am quite sure there would be individual cases out there where a driver was not hired 20 – 25 years ago by a good company, where that driver could have had a good retirement plan with such company, but now has nothing because of DAC inaccuracies. If I find out that might have happened to me, I am getting a lawyer, as I applied to get my free report from them. I have 40 years on the road, 4 million miles, and no tickets or chargeable in all that time.

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william knight August 17, 2012 at 6:19 am

it is about time some has done something with this company. i know they have released info on myself that is over 15 years old

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Michael James US Army Retired August 17, 2012 at 6:47 am

This is long over due. For years Hire Right and CRA’s have been trashing truck drivers and owner operators careers with false or inaccurate information forcing a lot of us out of the trucking industry. This fine of $2.6 million is no where near what they have cost the people whose lives they have adversely affected. It has become so difficult to get a decent trucking job now that I’m looking at other careers after 18 years.

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Edward August 17, 2012 at 6:51 am

I am so happy that the truth comes out I have seen many trucker drivers that where turned down for positions do to the errors in the CAC report. Truckers always bare the burden of having to explain to companies the errors made on these Dac, report I had an inncident where on mine there was a charge of Abandenment which was untrue. Good for the penalty thanks

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charlie moore August 17, 2012 at 7:35 am

it,s about time someone does something. this has been going on 4 years. whatever an employer wants on your dac report they get because they pay a fee to dac. it takes an act of congress to get bad/negative info off the report if even can get it off. the doj needs to shut them down. trucking is the only industry that has a 3rd party to say whether you are qualified for the position. the feds need to shut them down and out of business. just a pure worthless company. do away with dac/hirerite. csa was supposed to be the replacement for this .

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Herman Venneman August 17, 2012 at 7:42 am

I requested my dac and got blank pages, even dough I have been driving for 8 mths Hire right is a waste of time and efford

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Gary L. Miller August 17, 2012 at 8:09 am

When I 1st applied for a trucking job in Nov 2009, my DAC Report listed a felon named Gary R. Miller, born on the same date, who was in the Georgia Penal System. Fortunately, when I applied again, in 2011, that had been corrected. I’ve now been working as an OTR Trucker for a year, & really enjoy my job.

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jimmy August 17, 2012 at 9:02 am

about time they been brought down for many lies.. But how can we hurt them for all the hurt they caused! Class action-want to be part. contact ME jimmy@kqrsrocks.com and see if we can..

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Tipton Collins August 17, 2012 at 9:04 am

I was curious?
Of the 100′s if not thousands of drivers who’s lively hood’s have been destroyed by this corruption, whom, many still can not get a driving job.
Will receive compensation from the 2.6 million?
Or, does it just all go to the government who was never hurt by this corruption?

Just asking…

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Karen B. Koop August 17, 2012 at 9:21 am

Yeah..a DAC report from Unisys about 4 years ago listed me with several criminal convictions with the wrong social security number but my name and I had to call and explain and not sure what they did at the end…I was employed by an Armour unit at the time. I have NEVER been in any kind of trouble,no police record…so it is beyond me,where they got their background check. Thank you. Karen Koop

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Mike Baker August 17, 2012 at 9:41 am

This is a prime example of not having any leadership established in the trucking industry. That’s why things like this happen. How many other drivers DAC’s have problems?

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Willie A. Pughsley August 17, 2012 at 9:50 am

I have an issue with my DAC UPON RE-HIRE. The misdemeanor dated 06/09/2005 was changed to a felony on my DAC REPORT ODERED 07/03/2012 . I made an dispute , the error still appears.Also they are telling can not find info. in county reside in ,but the charged was in Broward county Florida. Their background is showing West Palm Beach,Fl. This will be an issue in oreintation.Willie A. Pughsley Sr.

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Bruce Gibson August 17, 2012 at 10:02 am

DAC reports are just another way for companies to blackball drivers.Trying to run legal with some companies is just impossible.DM’s and terminal Mgr’s dont like it when drivers want to get home after a month on the road or turn down un-safe loads or insist they just dont have enough time to legally get the load there on time.Then your labeled by them and are left to sit on a regular basis until you quit.Thats where the get you of coarse,Just report to DAC you quit under a load,damaged equipment or something worse.I’m not saying that the companies are all evil,just some of the employees.More than likely none of the higher-ups even know about it,paperwork gets submitted and turned in without a second glance.

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Jerry Leon Harris, Sr. August 17, 2012 at 10:12 am

I placed a complaint to the FTC concerning false information on my DAC report which has caused me to be “BLACKBALLED” by the trucking industry, not just once but twice in the last (8) eight years. I wanted to be an O/O, but no trucking company of the over 50 I’ve applied with will do any more than check my driving record and DAC.

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Terry August 17, 2012 at 10:16 am

Im just trying to figure out why the gov. Keeps the fines and money anytime something of this nature happens the drivers are never compensated and are the ones here that are victims?

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Jerry Leon Harris, Sr. August 17, 2012 at 10:21 am

I am the one of many who has been affected by a bad DAC report placed by HireRight. I applaud the DOJ and the FTC for their continued effort to see fairness and justice prevail.

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Mike August 17, 2012 at 10:29 am

@ Terry – Terry the fines are the result of Laws being broken. Drivers now have a base judgment upon where they can initiate civil lawsuits and prove their damages for monetary compensation. I think Mr. Harris up there has a great case.

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Garrett August 17, 2012 at 11:07 am

It is about time they get busted. It is far to easy for companies to wrongly destroy a drivers career
The driver is virtually powerless to stop it…

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Vic myers August 17, 2012 at 11:18 am

Its a crying shame when a trucking company can say any type of false accusation on a driver and ruin his livelyhood at any time. And thats exactly whats going on here,its not just DAC OR HIRERITE but its the fault of “some”trucking companys,not all but “some”. Hirerite just reports whats reported to them by theyre customers(THE TRUCKING CO’s),they take whatever info is given to them,true or not,and put in on an individuals DAC report with no questions asked. So,if a dispatcher has a bone with a driver or anybody else like a terminal manager or driver manager can easily say anything without regard as to the accuracy of theyre accusations they can say anything they want about that driver and completely ruin his carrer. So in other words if you dont walk a straight line with these people or kiss theyre a– you could be looking for another line of work! They are in control of YOUR career! THEY NEED TO BE STOPPED! We drivers have enuff problems as it is without the trucking companys and DAC having control over our lives!

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joe August 17, 2012 at 11:26 am

In the old days corporations use to black ball workers who quit. When they went to apply for work elsewhere if they were on the list then no one would hire them. DAC is basically the same thing….
black balling was outlawed but as you can see today it is still alive and well in the trucking industry.
The best thing to do is not to work for the large corporations who can afford to use DAC go with the
gypsy small operators who do not have electronic logging and could give to sheets about DAC. I was
listed as hitting a vehicle in reality it was bumping a parked trailer. There was a class action suit i recieved about 65 dollars. There should be more suites to drive them out of business.

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Richard raddatz August 17, 2012 at 11:32 am

when I got my CDL and appied for jobs I had found turn down after turn down . I then started to look and ask why.. HireRight,s name came up. I contacted them for my report they have sent out to many Trucking Company’s which now belive HireRights reports . I then got ahold of another place to cya and look into who is taking my name I am amazed at what I found and how easy people can destroy one to be making a honest buck these days Yes 911does have a mix on state side safety it does seem to go to far for us people to be put at the hands of police who just want a good job and no claims on there honnor but to do that they some corruptacts there too. But HireRights reports came out with 7felonys on me to many Trucking Company,s . When I showed the report to a Lawyer He asked me why am I standing here talking to him as if this here charge is a 10year sentences without a release I would be in jail awaiting trial… Now then after this the EMBARQ report also was messed up and I had to go to the County Court House meet with the DA and a DA from another County deal with this for three months and by then I need a refreasher class.. Then I found after the Judge removed the harmful things off of my record and summit that to the DMV. I was informed It Was not removed but still on my record. Yes HireRight has done harm to me by putting out the report they on me to all the places I have applied to for work. if this is not the most of all barring false wittness of another and now it is many.. what becomes of HireRight and the many others who just say false things about others for what gain they get .. Well my Gods love be with you. I also pray the ones HireRight has harmed like me get paid back for there knowingly false reports they send out ..Any information on ongoing claims on HireRight and where to file such claims on HireRight damages will be a great help too my peace of mind and my pursue of happness..

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Melanie August 17, 2012 at 3:09 pm

WooHoo! No maybe I can get the false info off My husband’s report!!! Now how about they go after the Bull*hit trucking companies that gave the false info!

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josh August 17, 2012 at 3:43 pm

Got in on class action against hireright fall of 2011. $4000 payout march 2012. i’ve lost hundreds of thousands in wages. Hardly compensation for what i’ve lost but i feel vindicated at least.

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Dan McConnell August 17, 2012 at 4:52 pm

I also had to suffer from the false reports from DAC HireRight. My fellow truck friends have also suffered as well. DAC HireRight simply didn’t care as they were getting paid by the truck companies and NOT the individual truck driver. DAC HireRight knew where their bread was buttered. Myself and others would try to get DAC HireRight to change innacuarate reports, but they refused and kept the reports like what the truck companies wanted it to read. Finnally, the Justice Dept discoverered the dishonesty going on with DAC HireRight. We were all hoping DAC HireRight would have left…ah…who could ever trust them again? I was hoping a more responsible organization would be brought in to do the job. I would sooner trust the CSA, and I’m not all that impressed with the CSA to begin with.

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Tricia Nicolosi August 17, 2012 at 5:58 pm

I have been driving for 15 years. I have dealt with the DAC system for a long time. There was some time that I was told you could never get a chance to get your own personal DAC report. Only the Companies interested in hiring you could get it. Now thankfully I got my own copy recently so I can see the record. Thankfully it is accurate. Note most small companies do not report things to this DAC so if you have an issue with them it won’t follow you!

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g.r. parsons August 17, 2012 at 8:25 pm

lord knows there are enough bogus law,s on the books we need to contact our elected officials and demand that these reporting company,s must be required to provide proof suppoprting any derogotory claims made against any driver and that the dac company,s confirm them and offer the driver a chance to refute any such charges also there should be stiff penalty,s inplace for those who choose to circumvent the rules these people need to be held accountable for ruining people,s lives

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Mr. Butler August 17, 2012 at 8:55 pm

In 30 years behind the wheel I recently had this happen to me by a former employer I had been with for 4 years. It involved a truck that drifted out of his lane into me (not serious but could have been) and it was reported that I was at fault to Hire Right. Even though the police report, my accident report and the subsequent phone interview with safety clearly proved I was not at fault it still cost me out of pocket to have this removed after it cost me several job considerations. It used to be that each time a company did a request on you for a DAC report you also got one sent to your house. I obtained a dozen or so from 1983-1989 from prospective employers doing this check. For whatever reason after 1990 they ceased to be sent out to the driver. Perhaps it was the consumer protection laws in the state I lived in at that time and I wasn’t protected under similar laws where I had relocated to. If anyone has an issue with their report, try DACFix.com. It cost me $189.00 for them to step in for me but the issue was COMPLETELY REMOVED from my report. For $49.00 you can get a copy to see if any company has done a similar injustice to you. It was worth it to do this and clear up a record that had until this time been spotless!

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Brian August 17, 2012 at 9:07 pm

I had one company put several things on my DAC that weren’t entirely accurate. They even had one incident put on twice. Hire rite was notified but they still didn’t change it. That cost me almost 6 months of unemployment and about $20,000 in lost income because most companies won’t hire you if there are more than 3 incidents on your report. Another company flat out told me that they would report load and truck abandonment if I quit even though I wasn’t under a load and turned in the truck to a secure facility. Other companies won’t listen to the driver’s explanations, just what the DAC says. I say Hirerite should be held more accountable for their actions for not reporting accurately.

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Wayne August 18, 2012 at 2:05 am

I had a black mark on my DAC so I became an O/O. I told the company that I leased on with that I had hired Private Investigators for thousands of dollars to dig up every piece of information about the people at the trucking company who tried to blacklist me. I broke no laws and commited no harrassment. I turned the tables on them. I had 4 out of 5 load planners and dispatchers fired by the end of the year and they stayed out of trucking.

I keep tabs on them from time to time. Sound scary? Not after what they tried to do to me by attempting to take my livelyhood away. Life is short and you don’t mess with this trucker! I will make you pay! I have a right to do what I want and am good at for a living. I have no accidents, claims, or tickets and I make on time deliveries for decades now. Companies like DAC should be run out of business. Everyone who runs DAC and works there should find themselves on a database for future reference so that they will not be able to do what they are doing ever again. I know I would not even allow any of them to live near me or spend any time around anyone of my friends or family. This is seriously a domestic threat to our way of life and as far as I am concerned, a threat to America in general. May DAC services go down fast and hard. Good Riddance!

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Sam August 18, 2012 at 8:27 pm

Finally some news I can feel good about concerning trucking. HireRight is a bane on the trucking industry. Acerbating the adversarial atmosphere between drivers and the companies they work for. I think that their business licence should be revoked for 3 – 5 years similar to what can happen to the drivers they’ve misreported on when their blackballed from driving. And the trucking companies that provide false or misrepresented information that is recorded in these DAC Reports should share in the fines as well. It would help send a message that if you want to keep public records on private citizens then they better be accurate.

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jonathon merritt August 18, 2012 at 9:26 pm

They said I had a heroin possesion charge !
I’ve never seen heroin before. I contacted them on this and they changed it to opiates.
Same damn thing! Still I have never seen heroin or opium in my life.

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Tim August 19, 2012 at 9:33 am

As a monopoly whose sole aim is to make as much money as possible with just enough attention paid to veracity to get by, it’s easy to imagine a bunch of $8.50/hr. fuddy-duddies with way too much power on their hands huddled around a workstation laughing their asses off at a little false drug charge here, a little false rape charge there…

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SMH August 22, 2012 at 10:51 pm

I was on the other side of the desk–I was Safety/Compliance for almost 15 years. After 10 years of resisting, I HAD to do the DAC thing. Insurance companies (and their ‘safety’ people) want it, DOT auditors want it, safety consultants want it and just wear the owners down so that even if the Safety/Compliance managers aren’t too keen on it, tough. The Boss got HIS/HER marching orders from the above that DAC is the only way to go, so the Safety/Compliance manager gets his/her marching orders that the Company is signing up with DAC, and that’s that.

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Dave dawe August 27, 2012 at 11:19 am

I have been in the trucking industry for 25plus years and have heard many stories about day and all were bad. I personally haven’t ever had an issue but because of all the negativity about day I done use it to check out drivers now that I own my own trucking company. If you were allowed to put in your own statement I think this would be a good system as there are always two sides to every story. I will say there are a lot of bad companies out there but there are also a lot of bed drivers also and both parties always think they did nothing wrong. A quality company is hard to find I agree and thats why I started my own but finding quality drivers is a very difficult thing to do also. We as drivers and also We who own or run trucking companies need to look at ourselves and see what we can do to improve ourselves if we all really truly cared about our quality we wouldn’t need companies like day and those type of businesses would go away for the simple fact if we all strive to be the best we wouldn’t waste our money on day reports and they would be forced out of business.

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T.Mann October 7, 2012 at 10:52 pm

It happened in Germany in the 1930s have we forgot?

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Melissa November 4, 2012 at 6:59 pm

My husband was one of the many this class action lawsuit covered. He did not know about lawsuit till I told him, he said why bother there is no money in those things. I finished paperwork and made him sign it, enclosed copies of all paperwork, and we received a “HEFTY” ck. Shame on them for lying. But all I can say is it cost them for doing it.

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Melissa November 4, 2012 at 7:04 pm

Oh and comments about DAC issues… those can easily be fixed if they are inacurate. Contact the. The issue with HIRE RIGHT was not DAC. My husband was already driving for another company but considered changing companies when we encountered the HIRE RIGHT issue. He is still with the company he was driving for.

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Jim bohanan February 11, 2013 at 4:07 pm

These no acount nabobs had me listed with a heroin possesion charge.
I have never seen heroin before!
Thats why I got my 4100.00 bucks

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Pete Smith March 2, 2013 at 11:42 pm

I am currently suing hireright (lawsuit is already filed) and my suit has the potential to rescind the Settlement in Smith/Ryals v. HireRight, which means forcing HireRight to go in front of a jury to explain its inexcusable wrongs from that case.

It is not necessary that a criminal history error in your DAC report be disseminated by Hireright to a third party like an employer in order for you to recover emotional distress damages. See Guimond v. Trans Union (9th Cir.). If Hireright has since 2011 provided ONLY YOU with a DAC report about you that contains criminal history errors, that is sufficient to force Hireright to jury trial. Please give out these details and my email address to anybody you know who would like to help create another class action against Hireright. My lawsuit has particular force because the wrong Hireright did to me in January 2013 constituted a violation of the injunction that HireRight stipulated to in US v. Hireright (2012).

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