This is NOT my Posting, but I'm pretty sure I have found a decent answer to what we drivers (who were wronged by a company) must do. I will keep updates to this as I'm fighting mine starting the week of 4/1/09![]()
A DAC report is just like a credit report. In fact in falls under the same guidlines as the fair credit act. You are entiteled to a free copy once per year! Just like a credit report in most cases there is a lot of false information on your DAC report.
First go to: Untitled Page at the bottom of the page click on consumer. From there you will find all the information you need to get a copy of your DAC report. Once you have recieved your DAC they will also enclose information on how to dispute the info on your report. You can dispute negative info even though you know its correct. The burdon of proof is on the company to prove they, Fired you, you abandoned a truck, accidents, ect ect ect. I have been doing alot or research on this because a company I worked for listed and "unauthorized location without notice" (abandonment) on my DAC that was totaly false. In most cases (of coarse not all) trucking companies do not respond to the disputes. The either dont have time, or really dont care enough to argue. And the biggest reason they are open to cival action for listing information that prevents you from getting a job! Its just easier and cheaper for them to ignore the dispute.
I had contacted a attorney because of what that comapny had listed was preventing me from getting employment. The attorney I met with was VERY excited to take my case! In his words there are so many things wrong about the DAC system. The fact that this system is one sided (in favor) of trucking companies that alone somehow violates some kinda labor laws! Im not an attorney and dont claim to know all the reasons. I know in my case the attorney was disapointed the negative information was removed.
All I know is that if an employer is goona list something on a data base about you and hinder your abilities to obtain gainful employment then they better have all there information in order.
I honestly dont think it will be much longer and frankly Im suprised it hasnt happened yet. Some Law firm with the means is gonna take on the DAC system and prove it Unconstitutional. The fact that something so powerful should never be one sided. We all know as truck drivers, get a bad DAC report and your pretty much done out here! In many cases the DMs are the ones that deside what info is listed on your DAC when you leave. Get a dispatcher that has a personal agenda against you for even something petty, your career could be over!
How DAC should work is: If a company list anything negative that could be career ending then there should be some kinda hearing. Even if its a Phone hearing. The company and the Driver should be allowed to prove there case. Or before anything negative can be listed DAC should at the very least send a Driver a letter with the said info to be listed. give the Driver a chance to prove or atleast give his side of the story!
To many careers have been ended because of this system. Good drivers have been black listed because of companies or employees trying to get even.
I know for a fac in my case the company listed my abandonment so I couldnt go any place else to drive. It was there sad attempt at "driver retention"
I wish you all the best of luck! Someday we will get a chance to be heard! the website is usis
DOT and DAC, What we have to DO!!
Discussion in 'Trucking Industry Regulations' started by bigrigdriver229, Mar 21, 2009.
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Remarkable statement! If USIS/DAC is proved unconstitutional, then so would Equifax and the like be considered unconstitutional. And they have already been redeemed in that regard through the courts.
But you must also remember that a carrier is also liable for what it puts on a USIS/DAC report as your attorney said. An attorney would have fun with that. Their redeeming quality is that if the carrier can't prove a statement on USIS/DAC it must be removed. The problem is that many drivers fail to protect their rights and make an appeal to USIS/DAC.MuddyWaters and rikdev50s Thank this. -
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I would like to see mega fines levied on companies who make a false report.
ALL the money going to the affected driver. NOT an attorney, or Government agency.TurtlesLikeI, leannamarie and MuddyWaters Thank this. -
I found that statement from another driver who fought and won, so if there is a willing and a way, then why not go for it. I was not in the wrong. the DM was and I'll be ###### if I'm going to sit back any longer and pay for what HIS WORDS did to me. thanks
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Great post! It's too bad that many drivers carreers have been hurt because of DAC. Too bad that we can't get them all to read this post.
It might be wong, but YOU have to take the fight to THEM sometimes. Just like traffic tickets. It's is sometimes easier just to pay it and go on about your business, but many times if you contest the ticket it can be thrown out or at least knocked down a notch or two.
It's too bad that these same companies won't put anything on your DAC that's commendable. How many times have all of us gone the extra mile to rescue a load, stay out past home time when they needed a run covered, given safety awards, etc. I had two different 'million mile no accidents safety awards' and that's not on my DAC. -
Muddywaters: You should read his other post in this section titled "Real deal on SWIFT/DOT policy" if you wish to see the real, and complete truth.
MuddyWaters Thanks this. -
I applied for a job and was turned down due to DAC report. "you have 2 no to rehires on your DAC and you have a co -terminal without notice". What is a co.terminal without notice. As far as giving a two week notice nearly all applications state "at will". How do you dispute "no to rehire"? Isn't an at will employment enoughinformation tosuggest a 2 weeks notice isn't required? If sent home for a week to repair truck so they can avoid paying breakdown, only to come back out and find truck still breaking down enough reason to resign? At least truck was returned to terminal and not abandoned.
What if company who states unable to rehire is the same company I have a letter from DOT stating I turned themin for trying to force me to run illegally? Obviously, since it's 2 no rehires, one hired me after the other. Not to menton both had hired me at least twice. What recourse do we have to DAC reports? if u tell them one minute before coming in it's not without notice. aFTER BEING OFF A WEEK AT HOME WITH TRUCK IN SHOP AND GOING BACKOUT, THEN RE ROUTED TO SHOP HOW DID I GET A "CO. TERMINAL WITHOUT NOTICE".Last edited: Jun 12, 2009
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any ideas?????????
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Sic a lawyer on them and see what happens. -
unemployed since 4/02/2009
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