Your DAC Report And Your Rights
~Tony~
the most recent three years of a potential employee's background
thoroughly, and keep in the employment files of each driver, a complete
history of the driving jobs they have held in the previous ten years.
When this requirement was instituted in the mid eighties, DAC Services,
Inc., now known as USIS, evolved as a business willing to compile
employment records on all drivers in a similar manner to the way credit
reporting agencies collect information on all of us.
Over the years, they have become the standard and the most used service
that the trucking industry uses to collect background information on
drivers who are employed in the trucking industry.
When a driver is considered for hired, a USIS/DAC report is pulled on that
person, and if the driver has worked for a company that does business with
USIS, a reference of his employment with that company will be on that
report. These reports are typically offered within 30 days after a driver
terminates employment with a trucking company.
Companies that do business with USIS pay to pull up reports on a potential
driver, and are given a discount on the cost of pulling a report, or are
issued "credit" for every reference they offer on drivers that terminate
their company.
In those reports, the following is what will likely be included for each
reference offered:
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Complete information on the driver's former employers.
Dates of service by month and the year.
Reported driver's license number(s).
Association status- (company driver or owner/operator).
Driving experience (Over the road, local, regional).
Equipment operated (Van, Flatbed, Refrigerated, etc.).
Loads hauled (General or specific in nature).
Work record (satisfactory or unsatisfactory).
Eligible for rehire? (yes, no, or upon review).
The number of accidents/incidents while employed.
In rare circumstances, an employer may offer details of accidents and/or
incidents.
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The standard procedure followed is to have a prospective employee sign a
disclosure release form upon the submission of an application for the
position as a driver, which will then allow an employer to pull your DAC
report. They are additionally allowed to contact your former employers for
information and/or clarification on any entry found in your report, unless
you specifically state that you do not want them to. However, if you do
declare that you do not want a former or current employer contacted, it may
well preclude you from consideration for a job.
ACCIDENT AND INCIDENT REPORTING INFORMATION:
If there are accidents listed, the prospective employer is allowed to
inquire into the details of those accidents. If there are incidents listed,
they are allowed to inquire into those entries as well.
Accidents should be classified into one of two categories. They should be
listed as having been "preventable" or "non-preventable" in nature. A
driver who is charged with a preventable accident means that he could have
taken action to have avoided it, or was held at fault. A non-preventable
accident means that the driver was either exonerated from responsibility
for the accident at the scene, or was ruled later by either the carrier's
insurance company or a company created accident review board, to have been
found not responsible for what happened and/or could not have avoided the
accident.
Incidents can be practically anything. Some examples;
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A motorist complaint in regard to an unsafe act while driving a vehicle
owned or operated under the company name.
Any disciplinary action taken against an employee for violations of company
policies and procedures.
Customer complaints for actions or attitude while the employee is on their
premises.
Adverse actions taken for violations of the FMCSA rules and regulations
(i.e. being placed out-of-service while out on the road).
Late deliveries or pickups in cases where the driver had no reasonable
excuse for being late.
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RETENTION PERIODS:
Information offered by former employers that is considered to be negative
in nature, can be reported for a period of up to seven years after the
employee terminates their association with the company. General
information, used to document the fact that a driver worked for the
company, will be on the report for up to ten years after the driver
terminates their association with the company.
DAC reports are considered consumer reports, and the content allowed within
them are regulated by the Federal Trade Commission (FTC). Those that offer
information, collect that information, and retrieve and utilize that
information, must do so under the standards and criteria of the Fair Credit
Reporting Act (FCRA).
You have a right to know what is in any consumer report on file in your
name. You have the right to challenge any information contained in them
that you consider false or misleading.
OBTAINING A COPY OF YOUR REPORT:
You are allowed to receive a free copy of your report directly from USIS
Consumer Services, Inc. under the following conditions:
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1.) If it has been tweleve full months since you last received a free copy
of your report;
2.) A person or company has taken adverse action against you because of
information in your USIS Consumer Services Report. This means that if you
have been denied employment due to information cited by USIS Consumer
Services, you are entitled to a free report within 60 days after you have
been declined employment;
3.) At any time you feel that information included in your file contains
inaccurate information supplied by a former employer;
4.) If you are unemployed and expect to apply for employment within the
next 60 days;
5.) If you are currently receiving public assitance or welfare;
6.) If you live in a statew which has laws that dictate that you are
entitled to a free copy of your report for any other reason, and;
7.) If you have been a victim of identity theft, and have previously placed
a freaud alert on your report.
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Federal law now requires all consumers be entitled to one free copy of any
personal consumer report every 12 months upon written request, from each
nationwide credit reporting agency and any specialty consumer reporting
agencies. DAC/USIS is considered a specialty consumer reporting agency.
If you qualify for a free report under any the above circumstances, submit
the following information and required documentation to them in writing to
obtain your report:
UPDATED INFORMATION: USIS now offers and online form that you can print,
fill out, and send to them. Instructions are included on the form.
You can find it online at:
http://preview.tinyurl.com/5jl6bq
If you do not meet any of the above required circumstances for requesting a
free report, you must include $10.00 (as of 5/23/08) with your request for
a copy of your report. Acceptable methods of payment include a personal
check, money order, or a cashiers check.
If you are unsure about anything related to the process of obtaining your
report, you can call them at the following number with any questions that
you have at:
WHAT DO YOU DO IF YOU FIND INCORRECT, FALSE, OR MISLEADING INORMATION ON
YOU REPORT?
Any driver who does find a false entry on their DAC report should FIGHT it
to the bitter end. Don't give up.
The best way to approach the issue of incorrect, false, or misleading
information is as follows:
Submit all of your challenges in writing. USIS offers an online form for
disputing information, but the problem with using that form is that there
is no proof that you have offered a challenge, nor does it give you any
legal proof that you have offered a challenge. If you want to use the form,
that's fine, but follow-up with a written challenge immediately. Pay for
all of your correspondence, no matter how many times you contact or reply
to them, to be sent by certified mail with a return receipt requested. When
USIS signs for that first envelope, it starts a countdown of 30 days in
which they have to address your challenge.
Offer your concise reason why the entry is false or incorrect. Be nice. DO
NOT offer any proof in your first challenge as to why it is incorrect.
Why? USIS is required to go to the person who offered the information and
notify them that you have challenged an entry offered by them. USIS will
request them to substantiate the entry with some sort of proof that
justifies it. If they fail to respond or cannot offer that proof, USIS is
required to remove the entry and the case will be closed.
If the company DOES offer proof and refuses to retract the entry, then the
process moves to the next step. Once they offer the proof to your first
challenge, they cannot change it. If you have the proof that it is
incorrect, THEN this is the time to offer it, and challenge it a second
time.
If you offer your proof FIRST, it opens the door for a dishonest carrier or
employee of that company to counter it with manufactured information, and
they most likely will manufacture evidence, if they are that determined to
blackball you. Once they offer their proof, they cannot change it or amend
it. If you can counter it with proof of your own, then USIS will have no
alternative but to remove the entry. Either way, by making them "prove"
their side of the entry first, you at the very least, lock them into a
defense if this thing winds up in court.
If you are not getting a response from DAC to remove false information
after 60 days from your initial challenge, your only have a couple of
alternative at this point. You will need to consult an Attorney to
negotiate a removal of the entry, or you can file a complaint with the
Federal Trade Commission (FTC).
These days, that is rarely necessary. USIS/DAC will remove highly contested
entries that are not clearly supported, rather than to weather the cost of
defending them in court. So be FIRM, and insistent when it's wrong, and
never be afraid to cite that you are aware of your rights and the penalties
involved that await those who purposely offer false and misleading
information.
I advise you to copy all correspondence that you submit to USIS, keep
copies for yourself of course, and also send them to the company that
offered the information as well, each and every time.
HOW TO HEAD OFF A POTENTIAL BAD ENTRY ON A DAC REPORT:
First and foremost, the best preventative measure to heading off issues
that will plague you after you leave employment with a company, is to
request copies of anything and everything you sign for your employer, at
anytime during your employment you are asked to sign something.
You can test the waters during your orientation with a company. Request
copies of everything you sign then, and offer to pay for them if need be,
to see how willing they are to meet you halfway in protecting your own
interests, as well as theirs. If you are met with refusals, then you know
right then and there, that you are in the wrong place. Get up and leave.
ACCIDENTS AND INCIDENTS
If you have accidents or any incidents while working for them, get written
evidence of the determination of fault in accidents, and whether the
company determined them to be preventable or non-preventable accidents on
your part. If there is an accident report involved, be sure to get copies
of those too. If your name is on it, get a copy of it for your own records.
Get copies of written disciplinary action taken if any incidents are
discussed with supervisory personnel. Ask each and every time, during the
course of any oral discussions, if this incident will be written down and
included as a part of your permanent employment file. If so, then request a
copy of it. Be firm and insist every time that you be afforded a copy of
anything that will go into your employment file.
WHEN YOU TERMINATE YOUR ASSOCIATION WITH A MOTOR CARRIER
Take pictures of the truck inside and out, as it was when you turned it
back into the company. This will head off any false charges of any damage
to equipment.
Turn in all issued equipment and have it signed for by someone that has
authority to sign turn-in documents. This is especially important if you
signed for it when you were hired.
Turn in all required paperwork that is needed to be on file right up to the
minute you parked that truck, such as logs, all bills of lading, and
anything else that you would normally turn in to be paid for the run.
Request a signature for each and all of these things too.
Never quit while under dispatch. Inform the company in advance that you
intend to terminate your employment, and inform them that you want to do
this on good terms. Comply with all that they ask you to do, even if it is
totally objectionable to you. Ride it out. Your ability to move on to your
next job is riding on your not giving them any reason to enter negative
information.
Never...and I mean NEVER abandon any equipment owned by the motor carrier.
Never issue threats to do so. Return it to them and where they direct you
to do so. Failure to heed this, is the kiss of death in the trucking
industry. For seven years, you will find it impossible to find a decent
driving job if you abandon equipment.
Prepare a signed signed statement, and have it signed if at all possible by
a supervisor of the company, that you have met all requirements for ending
your employment with the carrier on good terms.
It's understandable that drivers will want to quit in disgust when they are
upset, but taking time to quit in all the right ways will insure your
record will likely be fairly represented, and will head off problems being
hired elsewhere.
If you are ending your employment under duress, where you are being hassled
by management of a company, pick up the phone and call the non-emergency
line of local law enforcement. Request an officer to come and witness as
much as possible, the problems you are having and the condition of the
equipment you are turning in, as well as the items you are turning back
into the company. Be sure to obtain any copy of a report he files of the
incident, and to get his name and contact information for future reference.
Most often than not, the tone of an uncooperative employer will change real
quick when you resort to this tactic. If not, at least you will have
SOMEONE that will you will be able to call on to offer personal or written
testimony as to the demeanor of the employer, and your attempt to do what
is right. This will also come in handy if you do have to challenge a false
DAC report or if you have sue the company in court.
For more information:
Listings of Compliance Information Links
http://www.usis.com/commercialservices/complianceinfo.htm
Online FTC complaint information and form
https://rn.ftc.gov/pls/dod/wsolcq$.startup?Z_ORG_CODE=PU01
Posted Via Usenet.com Premium Usenet Newsgroup Services
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http://www.usenet.com
tscottme
One lesson I learned the hard way is to keep a copy of my initial job
application, keep as much of the new-hire paperwork as possible, keep my
first paycheck, keep a current paycheck stub every so often, and keep the
name and phone number of one person in the office you can contact if the
company folds up and goes away. If there is any way possible, it is a real
bonus if you can get a piece of company letterhead.
Here's the background: I worked for a company for 2 years that was an
awesome company. They were owned by a few locals that bought the company
from the founding family. It was the oldest trucking company in the state,
they kept a Model T era truck inside the office building. I would still be
working for them if they hadn't been bought by a larger company and changed
drastically.
Anyway, they didn't report anything to DAC, nobody is required to use
DAC/USIS. I had the good fortune to get hired by my current company
afterwards. The company I was trying to get hired by happens to be a very
picky company and dedictated to documentation. I could not prove I worked
where I worked. The old company had been closed down, their equipment
merged into the big company and most of the employees from the merger
leaving. There was no HR Dept to contact to prove I worked at one company
for years. I was left searching for former employee names in the phone book
and eventually finding someone that had letterhead from the old company and
was willing to type a reference letter to document my hire date, end of the
company, good record, and job description.
I'd say now's a good as time as any to start getting together what you can
to prove you are working at your current job. In today's environment you
never know when a company will fold up and go home. There are notice
requirements that employees must be notified so many days in advance before
job loss in these types of situations. I don't know if that is a state
requirement or federal, probably state. Either way, don't count on that.
If a company is folding up because they don't have money they have nothing
to lose by ignoring the requirement. Even if they want to follow the law
all they have to do is notify everyone from time to time they may be subject
to job loss, one of those notices will be close enough to the end to work.
Some of the better companies in good circumstance may just pay the employees
wages equal to what they would have earned during the notice period and
close immediately anyway.
It's good to keep a running resume on hand. The first time you sit down and
come up with the names, dates, contact info, etc for each company starting
with your current job, that's the hard job. After that you just add a few
lines to the old list any time you change jobs or change residences. If
your obsessive about these things it's also good to confirm the contact info
from time to time to verify that someone can still verify your data if they
need to. Heck, a sneaky person might get one of those free fax service
accounts and fax old employers seeking job verification info to see what can
be had.
BTW, you are entitled to see some portion of your DAC/USIS file just as with
a credit report. The last time I got my report you had to write to them by
mail and include a photocopy of your DL and some other ID stuff and wait for
them to respond. Did I mention the fee?
More info at http://www.usis.com/resources/Fact_Act_Compliance.aspx
" USIS, as a nationwide specialty consumer reporting agency, is subject to
the FACT Act file disclosure requirements. Upon request to USIS, a consumer
is entitled to receive a copy of his or her file once every twelve-months.
Additional copies may be provided within the subsequent twelve month period,
subject to a $9.50 charge. There are other circumstances under which a
consumer may be entitled to free copies of their file. You may contact us
below to see if you are entitled to additional free copies."
USIS Pre-employment & Drug Screening Services
Attn: Consumers Department
4500 S. 129th E. Ave., Suite 200
Tulsa, OK 74134-5885
(800) 381-0645
--
Scott
"...liberalism today sees no realm of human life that is beyond political
significance, from what you eat to what you smoke to what you say. Sex is
political. Food is political. Sports, entertainment, your inner motives and
your outer appearances all have political salience for liberal fascists."
Jonah Goldberg
richard
previous 10 years of experience if as a driver. Otherwise it is 3
years.
What I'd like to know is, how does DAC know a driver worked for a
company that DAC does not do business with?
How do they obtain this information?
There is no place I know of that a company MUST report who they hire,
outside of state employment agencies.
Then what if I don't want DAC to have my information at all?
The way I see it, your employment record has nothing to do with credit
reporting. Very little if any.
~Tony~
news:6oki341hoanhm8kdc...@4ax.com:
> Minor addition. Federal law says that all applicants must state the
> previous 10 years of experience if as a driver.
To word it better, the law is that you must list all jobs held as a driver
of commercial vehicles for the previous ten years.
> Otherwise it is 3 years.
References are checked thoroughly for the previous three years, and all
jobs, regardless of occupation, must be listed for the previous three years
on any application for the position as a commercial driver.
> What I'd like to know is, how does DAC know a driver worked for a
> company that DAC does not do business with?
There are several ways they can discover it.
A prior employer may report this information as being listed an application
for employment. It is not illegal for an employer to report this, any more
than it is for a bank to report employment on a credit report, which they
derive such information from an application for credit.
If a driver is ticketed for an offense, or goes through a DOT inspection,
those reports almost always wind up in the SaferSystem database, and it is
considered public information. Anyone with a vested interest, including the
press, can apply for access and pay a fee to access the detailed database,
and discover your complete record as a commerical driver.
Insurance companies, which are now keeping databases on the drivers they
agree to cover are now in the business of selling information to consumer
reporting agencies. It brings them in millions per year.
Credit reporting agencies are selling information to other credit reporting
agencies.
> How do they obtain this information?
I think the above answers that.
> There is no place I know of that a company MUST report who they hire,
> outside of state employment agencies.
Motor carriers are required under Federal law to divulge employment
references to any other motor carrier that requests that information.
They are additionally required to inform their insurers of any driver they
have operating their equipment, and most insurers will not allow a company
to hire the driver without their approval, which may or may not be given
until the insurer performs a background investigation of their own.
Those that provide Worker's Compensation coverage are aware of your
employment. If you obtain health, dental, and life insurance, your
employment is known to those providers as well.
> Then what if I don't want DAC to have my information at all?
You can no more stop them for obtaining your employment information than
you can Equifax, Trans Union, and Experian from amassing a file on you
regarding the way you pay your bills.
Your only right is that you are allowed to know what they have in their
databases, and you have the right to challenge false or misleading
information.
> The way I see it, your employment record has nothing to do with credit
> reporting. Very little if any.
DAC reports are considered "specialty consumer reports", and are linked to
the credit reporting industry only because they fall into the same
classification of collecting and dispersing information that credit reports
fall under. The practices are both regulated by the Federal Trade
Commission (FTC), and your rights are protected under the Fair Credit
Reporting Act (FCRA).