Lawsuit Against Swift Transportation Forced labor Minimum wageThis lawsuit is brought

How many of those who sign those contracts are knowledgeable of contract law and its language? Very few, I'd say. Unless Swift allows them to take that contract to an attorney prior to signing to know all the possible ramifications involved in the text, there's no way a lay person will understand ALL of it, and that's what they bank on. And I've already said it doesn't excuse one for being ignorant, however, we don't know the reason why these L/O's involved in the lawsuit were terminated, do we? I have skimmed over these briefs, and it's possible I overlooked it, but I didn't come across the reasons for the terminations. Was it for legitimate reasons?

How does anyone know how few of these lease purchase contracts are finalized with the driver gaining title to the truck? Do you seriously think Swift would allow you to access those records? Common sense tells me they wouldn't, but I could be wrong. I can't say I'm impressed with the management in Phoenix. They're in the business of turning a profit, and if they made it known what the dismal percentage of people finishing their lease and doing the buyout was, they'd have fewer takers. The L/O's are their gravy train. I would love to know how many trucks Swift "acquires" through the lease program. If you can find out for me, I'd be very grateful.

 

I guess that it depends really on the driver and what works for them. I have ran into quite a few that have been with Swift for many years, and at the end of the lease, they just turn the truck in and get another new one. Was with one the other day, 10 years with Swift, and just starting his 4th lease. I guess that he is happy. What works for some, do not work for others. I know that at the end of my lease, I will be just turning it in and getting another new one. If I did elect to purchase, it would be alot different then buying from a dealer. At least I would really know what I am getting, since I am the only one driving this truck, and would know what truly has been done to it, and how it has been driven. A dealer can say anything, especially if they do not have all the records to back up what they say.

 

Most contracts are one sided in favor of the one who pays for it to be written. It is up to the one signing the contract to understand and agree to the terms or make appropriate changes. If you don't fully understand the terms or agree then DON'T SIGN THE CONTRACT!! I never sign anything that I don't read and agree. I have made changes on a number of contracts that I have been presented over the years. If the other party doesn't accept my changes then we don't do business. You can't blame the other party for your refusal to read the contract. I have never read Swift's contract. I would expect that it is written in such a way in which to protect their interests. I also expect that all charges, fees and requirements are laid out in their contract. If I was asked to sign a contract that I didn't understand then I would want a lawyer to check it. All contracts should be written where anyone can understand them.

If I were to consider doing a lease with one of these carriers, one of the questions that I would want to ask is the number of those who actually complete them. I have spoken to very few who have actually completed their lease with different carriers. I have looked at many of these lease purchases and have not seen any that I would be comfortable signing. I would prefer being a company driver rather than doing a lease with most of the carriers who offer them. There are apparently some who are able to complete their lease and get their truck. So, the leases, at least some of them, are doable. If some complete them, then I would look at those who failed rather than the company.

Not everyone who buys a truck outright will be successful. Not everyone who gets their authority will be successful. Not everyone who gets a CDL will be successful. Not everyone who starts a business in any field will be successful. Not everyone should start a business. Not everyone is a good manager or good businessman. Not everyone understands that this is a business. It is more than driving a nice, shiny truck. Much more.

People need to understand their limitations. Swift and others offer an opportunity to own a truck to those who could not otherwise be able to on their own. Swift accepts ALL the risk. The lease operator risks nothing. The only thing they really have invested is their time. Swifts buys the trucks, advances the money to operate, buy cab card, etc., and the lease operator walks in with little or no experience, no money and no credit and is offered an opportunity to own their own truck with no risk. It can be attractive to some people. While I don't like the lease purchase programs, there are many who do and they seem to have little difficulty finding people who want to do them. If you do one of these leases then don't blame Swift or any other carrier for your failure. They don't guarantee you success. Whether you succeed or fail is up to the one signing the lease. That is the way it is when you are in business. Everyone who is in business has had their ups and downs. Those who succeed have found a way to work through the difficult times and push forward until they achieved their goals. They don't look to others to bail them out when they fail to pay their taxes. They don't look to the one offering them the opportunity when they fail. I can't help but think that the main reason this lawsuit was filed is because the lease operators failed to pay their taxes and this is a way to shift blame to Swift rather than taking responsibility for their own taxes. Time to MAN UP!!

 

I wish I could press the thanks button 100 times for this post!

EVERY potential L/O ought to have to read what you just wrote!

 

Second that.

 

I think this post could easily be applied to the entire country. There are more and more people that want to blame others when the don't succeed, but in reality refuse to do the work that is required to be successful.

Excellent post.

 

No one reads these things BEFORE they go and take the plunge....We can even make them 'sticky' and still, most won't read them.

I think many people go out thinking "Oh, that won't happen to me..."
...then they come on here and, well you know the story after that..

 

Mrs. Truckrswife, Swift does not "acquire" any trucks through failed leases. If there is a short time left on the lease, the truck will be added to the company fleet and then refurbished and turned back over to the original lease company. In most cases, it will be the manufacturer. Those lease trucks are not on a purchase contract from the dealer.

 

Yes they do...along with completed leases, walked away from then re-leased leases, along with their own company trucks that they initially lease. Once paid off...the "used" trucks are then sold (at additional profit) to several South American transfer companies. But you knew that....or did you?!

The truck will first sit and Swift will attempt to get another driver to sign a second or third (or more) lease before Swift absorbs it into their company side. When the "new" lease trucks sit too long Swift moves them into the company side, and still attempts to lease the used truck at a discounted price tag.

It is never the manufacturer! It is the lease company that Swift leases the trucks from, who has the truck leased to begin with. IEL is actually the 4th and the drivers are 5th, 6th....and so on......

Again....you knew this....or didn't you?!

Wrong again....they are all a lease/purchase....and ...you knew that...or didn't you!!!!?