Anyone else get a class action form about DAC/HireRight lawsuit?

Discussion in 'Truckers News' started by Rollover the Original, Aug 19, 2011.

  1. ctops.legal

    ctops.legal Bobtail Member

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    At the fairness hearing in 11/2011 if you can argue you have sought a administrative action to HireRight Inc. (formally USIS) to correct a bad report from 2/2/08 - 8/31/10 and you have documentation that shows you was prejudiced from procuring employment then you qualify as a Section 1681i class member; (highest payout)

    https://www.dacclassaction.com/pdf/Ryals 1681i Notice.pdf

    I contacted every attorney in the area (you want a local boy the judge knows) and I have got a good one from what my research dictates PM me for his info.

    The amount is totally discretionary set by the trial judge and those that don't understand the judicial term "discretionary" that means what the judge says is final there is no appeal of that judge's opinion and decision. :biggrin_2552:
     
    Last edited: Aug 25, 2011
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  3. Rug_Trucker

    Rug_Trucker Road Train Member

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    From what I think I read......if anyone checks your DAC? They need to notify you every time.

    Nothing om my DAC was wrong except where I was convicted of 10 over the limit. The ticket was still there as unpaid for 17 over. The clerk of court was suppossed to remove the ticket and substitute it with the conviction. I was rejected at Werner for that.

    I went to the clerk's office and they removed it. I didn't apply anywhere until it was off my DAC.

    So what I am wondering is do I get up to $55 for every DAC sent out?
     
  4. jamer333

    jamer333 Bobtail Member

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    Yeah i got one yesterday. hope this means the end of hire rite.:biggrin_255:
     
  5. ghostchild

    ghostchild Road Train Member

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    I got a notice also...

    And I'm too wondering if I should let an attorney look at it...
    And how much would an attorney charge me just to look at it?

    But I really have nothing bad on my report...but then again...I haven't looked.....hmm...this is interesting...should I, we, all get induvisual lawyers...and sue induvisually?

    I don't know...just asking...
     
  6. Rollover the Original

    Rollover the Original Road Train Member

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    Most lawyers on a first "consultation" visit will give you either 15-30 or an hour free while he gives the "problem" a quick glance then he'll give you the cost. They usually make sue you have no heart problems when they do that! But all I've seen them get or demand a 33% of what ever is given.

    As to what they are look for from you is if at any time during the time periods they show did you have to write a dispute form disputing anything about wrong or improper information submitted to HireRight or that HireRight published/reported about you.

    This will be when a company said you abandoned and it was actually on the yard where they wanted it and even signed for it. Quit without notice when you are holding the USPS signed return receipt giving 2 weeks notice. Or an accident that never happened or some other dumb thing a lazy safety or HR desk jock at that BFI you worked for submitted and HireRight didn't verify which they really should have been doing which is why this suit is going to cost them a ton of money when doing what I've been preaching for a while would have been a lot cheaper! But what do I know I drive trucks and write blogs!
     
    ghostchild and bullhaulerswife Thank this.
  7. ctops.legal

    ctops.legal Bobtail Member

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    @ghostchild

    If you got the NOTICE and were not engaged in a dialog with the defendant's in this matter then it's true the "class" is based on a simple list.


    The attorneys get 33 1/3 % from the payout no money up from, the attorney has to have your documentation and have your claim filed before the "fairness hearing" on 11/2/11 in Richmond VA. so he can argue your claim some fair payout for your violations if you have any documented.
     
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  8. Mud Dog

    Mud Dog Tattooed & Insane - Forum Sparkler

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    I've not got a notice. I feel the love :biggrin_25524:
     
  9. SheepDog

    SheepDog Road Train Member

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    I haven't got a notice either but really don't have a problem that I know of...

    I have two incidents on my DAC..1) is for a preventible; rolled onto grass and Poped steer tire..my fault..got it. 2) is for a non-preventible in where a woman went off the road and I was a witness. Now, it gets a little foggy. I was actually changing from left lane to the right lane,,of a two lane highway. Before I changed lanes I looked in my mirrors and there was a vehicle, but it was way back. Flipped on the blinker, looked again, (vehicle stll far enough back), and made my move... Not sure to this day where this lady came from but she was moving.. I kept moving over and before I knew she was not slowing down at all, like she was asleep. Finally at the last moment, she "woke up" and thats when she went into the ditch. The great thing for me was, there was a guy,(truck driver), riding his bike at the time of the accident. He saw everything. I pulled over, flipped on my 4ways and put up my triangles. By that time someone had called 911.. I preceded to call my company and let them know... Cops showed up, took report and sent me on my way... I never heard about it again. no tickets or anything... Now I apply for a new job and they pull my DAC.. it states that I ran someone off the road but a non-preventible.. now I haven't seen it for myself as of yet but I am waiting for my DAC now. My question to you is; does this sound right? Should anything about this incident be on my DAC?

    Thanks and cya
     
  10. kajidono

    kajidono Road Train Member

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    Don't see any reason why it should be. I don't see why the non preventable category exists at all. If there was nothing you could do about it, why does it count against you?
     
    SheepDog Thanks this.
  11. ctops.legal

    ctops.legal Bobtail Member

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    Good point the "non preventable category exists at all" should not be on a report because it's not the driver's fault, you could argue that as a violation IF you filed to correct the report and have the letter.
     
    SheepDog Thanks this.
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