Companies Use Dac Report As Weapon !!

Discussion in 'Trucking Industry Regulations' started by smurf-316, Oct 8, 2006.

  1. smurf-316

    smurf-316 Resident Nut Case

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    ALOT of trucking companies will use your DAC as a weapon against you!! one of my old school buddies drove for C.R. ENGLAND when he quit he turned in EVERYTHING they asked. when he looked at his dac a few weeks later it said he stole the CB out of the truck!! he bought the CB himself. the truck did'nt have a CB in it when he got it!! i've heard of many things over the years about how drivers get screwed by companies looking for a little payback because the driver left. there should be some rules imposed on these companies to prevent this kind of revenge against drivers!!!
    Smurf>>>>>>:wave:
     
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  3. The_Rev

    The_Rev Light Load Member

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    If it was company equipment, they would have a purchase order or receipt so they can claim the deduction on their corporate taxes. All they need to do is go back in their records and pull up the serial number/purchase date for the CB. Failing to produce that, DAC must remove that from the record. He should definately challenge that though.
     
  4. Burky

    Burky Road Train Member

    Number one reason why when you leave someplace, you have a supervisor with you and you do a complete inspection of the vehicle and fill out a Vehicle Inspection Report tat both of you sign. You also note on the document that all company property has been accepted and returned. This way, if they try to come back late and do something, you have a copy of the document where an official company rep accepted the truck and the equpment from you and proof of the condition it was in.

    A year or so ago, a O/O friend of mine left us and asked me to drop off his plates and qualcomm unit. I had the shop manager give me a receipt for them as well, and turned it back to him as proof. That's just the safe way to do business. Had your buddy taken these steps, it would be a simple matter to prove his side of the story.
     
  5. Tip

    Tip Tipster

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    This is the reason I think DAC should be banned. It's too much of a temptation for companies to use it to burn drivers. Usually this is to keep them from driving for a competitor. That way those drivers will have no choice but to either stay out of driving or come crawling back to the company they just quit.

    DAC is there to eliminate drivers' freedom of choice. In other words, it's a form of coercion and nothing else. Well, it IS a colossal invasion of privacy to boot. I guess I should mention that fact as well.

    On your knees, Knave! You WILL put up with my [crap] or I'll burn your DAC report! You think you're gonna quit me and go drive for someone else? Think again!
     
  6. Eveready90

    Eveready90 Bobtail Member

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    Oct 22, 2006
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    Well I was just talking about this today. My friend works in the office of a trucking co. and she told me they pick what they want to report. I was let go because of a wreck. jackknife But, Befor that I hit a moron at 2mph that tryed to drive under my truck that also was reported. I ask safety why they reported that he told me it was law he had too. I told him BS, I think he was just pissed because when they told me we had to part ways I told them "thank you, can I use your phone" Had a job in 2 min. lol Gotta love truckin always a job out there.
     
  7. TurboTrucker

    TurboTrucker Road Train Member

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    I seriously doubt that USIS/DAC Services will be banned or further regulated in any way. The reports they compile are submitted by their customers, or the companies that the drivers work for.

    Most people are aware of the consumer credit reporting agencies out there, that compile information on the bill paying habits of each person, and most people also know how to challenge incorrect information on those reports as well.

    But when it comes to drivers, most will blame DAC for problems on their reports, without giving thought to what the real issue is. The information is submitted by the company they worked for, and it will remain there, unless challenged, just as bad credit stays on a consumer credit report.

    As has been offered in this thread, drivers can be their worst enemies when it comes to those employment reports that are kept and given to future employers, and most drivers don't take the time to challenge incorrect information that finds it's way into their reports, and worse, they don't cover their hind ends to head off incorrect reports.

    Just about every company out there of any size, will require a driver to sign an acknowlegement of some sort, of the truck they take control of, and any equipment assigned to them for the purposes of doing their jobs while employed there. What often happens however upon termination, is a failure to reverse the process when they leave a company, which leaves them wide open for abuse, if the company has any desire to do so.

    I understand that many drivers leave a company in a spirit that is not often as favorable as it was when they signed on with a company, but this is no reason to not do everything in your power to insure that your future ability to move on past that company and on to another, will be a smooth one.

    It can take literally months to straighten out a problem on a DAC report, so your best insurance is to end your employment on civil terms, each and every time, and to make sure that you do not leave yourself exposed to retalliatory actions by employees of your former employer, and that's usually what this is all about.

    When a driver tees off office staff employees, for some reason or another, they find getting revenge to be easy, by trashing a driver's record. In fact, not many people realize that the very person whom you deal with each day on the phone, such as a dispatcher, can make or break the scope of the record that is submitted to DAC.

    I left a company just last year, who required each driver manager to monitor every aspect of the driver's record, and who also filled out the report that would be filed with DAC. My driver manager faxed me a copy of the report she sent to the Corporate office, and it was very favorable...right up to the very end.

    So, it's always advisable to resist the opportunity to take your frustration out on the person who may be very well responsible for the tone of the report that is filed on you, and it's never advisable to lose your temper, even in the worst of circumstances. Leave a company if you must, but do it on terms that are as favorable as humanly possible...every time.

    Now, when a driver is faced with an issue on his DAC report, fight them. You should make it a matter of routine to pull your report each year, every time you know that you are about to seek another job, or within 45 days of leaving a job, to monitor what is on your report. Even if you don't qualify for a free report at some of these times, nine bucks is a cheap investment to protect your ability to seek employment in the trucking industry.

    A quote from a USIS representative in a recent post I have offered on this subject:

    "The FCRA dispute process is very comprehensive and allows consumers to contest the validity of information pertaining to them in the files of consumer reporting agencies such as USIS.

    The process for filing a dispute is for the consumer to contact the USIS Consumers Department via written request (USIS - Consumers Department), P O BOX 33181, TULSA, OK 74153 or by calling 1-800-381-0645. Please note, drivers are entitled to take this action pursuant to the FCRA; however, we must first receive proof of your identity before processing this request. Proof of identity is required regardless of how the consumer chooses to contact USIS. As you can appreciate, we do not disclose confidential consumer information without first verifying the identity of the person requesting such information. The proof of identity is not meant to slow the process but protect people's information.

    In order to verify identity, drivers should provide (i) a copy of their driver's license and (ii) a copy of one of the following items: (a) social security card; (b) US Passport; or (c) other government-issued identification document. To ensure legible copies, we ask drivers to copy the documents by increasing the copier image size by 200% and using a light-medium copier setting.

    Please mail these documents to: USIS - Consumers Department, P O BOX 33181, TULSA, OK 74153. Upon receipt of these items, USIS will proceed with the request and will provide a copy of all documents to which the driver is entitled pursuant to the FCRA.

    Note, consumers sometimes question why USIS requires this documentation in order to process a request. One reason is that upon completing a consumer dispute, we are required by the FCRA to provide the consumer an updated copy of the report. We obviously do not want to send a confidential consumer report to someone without first verifying that the requestor is actually who they claim to be and that they are entitled to such report. This practice helps to reduce the likelihood of identify theft based on illegitimate consumer report requests. In addition, the FCRA requires USIS to obtain proper identification before disclosing consumer report information to a consumer. Identifying documentation is maintained in strict confidence by USIS.

    If the consumer disputes the information being reported, they need to begin the dispute process as described above. After receiving the consumer's dispute and proof of identity, USIS will conduct an investigation of the dispute pursuant to the FCRA. The procedure used to reinvestigate your disputed information is to contact the company / agency that supplied the disputed information and notify them of the nature of your dispute.

    The record will either be retained, amended or deleted depending on whether the furnisher of that information has verified the continuing validity of such disputed information.

    As stated above, we only report such information in accordance with the timeframes allowed in applicable laws. As a consumer reporting agency, USIS has the right to accept and report information it receives without liability unless there is a reason to question the accuracy of the information. The consumer has the right to place a statement in their file setting forth the reasons why they dispute certain information or believe that it is incomplete, or to provide an explanation of some negative information. This statement may also be revised at any time. To enter or revise a statement, drivers can contact USIS at 1-800-381-0645. USIS personnel are available to assist in formulating statements upon your request.

    If information has been deleted from a report or if a driver has added a statement, the driver is entitled to have a copy of their current report with statement sent to any person(s) specifically identified who received the report within the last two years that contained the deleted or disputed information."

    My personal points of advice regarding any challenges you offer;

    • NEVER give up any proof you have of any challenge upon your initial attempt to discredit the company. Let the burden of proof be upon the company to justify the information FIRST. By law, any challenged information must be removed, if the submitting entity is unable to justify it.

    • Always submit your challenges in writing, by certified mail, return receipt requested. When your corespondence is signed for by someone at DAC Services, it establishes a timeline for them to either justify the information or remove it from your report. A disposition or resolution must be arrived at, within 30 days of the receipt of your challenge.

    • Know your rights under the Federal Credit Reporting Act (FCRA). Cite them in your challenges, to let someone know that they are not dealing with a dumb truck driver. Know when to offer a complaint to the Federal Trade Commission (FTC), the oversight agency that enforces the provisions of the FCRA.

    For further information, visit the following reference sites:

    http://www.ftc.gov/os/statutes/fcra.pdf

    http://www.usis.com/commercialservices/download/SummaryofYourRightsUndertheFCRA.pdf

    http://www.usis.com/commercialservices/transportation/transportation_intro.htm

    http://www.ftc.gov/privacy/privacyinitiatives/credit.html
     
    davenjeip, TREE and aristotle35769 Thank this.
  8. TurboTrucker

    TurboTrucker Road Train Member

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    And do you know WHY companies get away with this? Because drivers are not likely to know how or what to do, which let's them get them get away with it.

    It is a requirement, per the Federal Motor Carrier Safety Administration (FMCSA) that all accidents to be disclosed to future employers for seven years. They are also to be categorized as either preventable or non-preventable on the driver's part.

    I don't care what kind of accident a driver has, it should be a routine matter for you to get a copy of that accident report, and the determination by the company as to how it was ruled. Don't think that an accident report that places the fault upon another party leaves you in the clear, because it may well not be the case. The COMPANY has the right to consider an accident preventable on the driver's part, if based upon a determination of their own insurer, or as may be determined under the ATA criteria for preventable accidents. Some companies don't even bother to offer a driver a copy of their internal determinations, so a driver must insist on getting it from them.

    When you have an accident, you get a copy of SOMETHING, that proves that you were either considered at fault, or exonerated from fault, BY THE COMPANY themself.
     
  9. littlebit

    littlebit Light Load Member

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    Not all companies do that. I had to submit a report to dac about one of my drivers last week. I hated this driver more than I ever thought I could hate anyone. He was a good driver though and turned in all of his paperwork and his truck. I gave him a good rating on his dac. The man was a hard worker hopefully he will find what he is looking for.
     
  10. I26

    I26 Bobtail Member

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    Mar 30, 2008
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    WHAT IS A DAC REPORT:biggrin_25523:
     
  11. Aubrey Allen Smith

    Aubrey Allen Smith Light Load Member

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    Dunnellon, Fl
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    Many professional CDL drivers have fallen prey to the infamous DAC report.
    The DAC report is to the professional truck driver as the credit report is to the consumer. This report is a detailed summary of a driver’s work history and contains information such as reasons for leaving the job, number of accidents, type of truck and trailer operated, type of driving, if they are eligible for rehire and more. It also contains the driver’s social security number, D/L number, if they applied for worker’s compensation, and any criminal reports.
    The Dac report consists of two parts. The first part is your MVR report from your home state. The second is your work history. The company overseeing this report is USIS Commercial Services, based out of Tulsa Oklahoma. Subject to the FACT ACT file disclosure, a driver is entitled to receive a free copy of their DAC report once every 12 moths. You can receive additional copies, but at a cost of $9.50.

    This is one of the frequently asked questions drivers ask me. I hope it helps.
     
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