Truckers v. Trucking Companies and USIS _(DAC ABUSE)
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(DAC ABUSE” - Unfair, Deceptive and Unlawful Business Practices)
As a trucker, has the following ever happened to you?
You leave your trucking employer and start searching for a job with another trucking company; but no one wants to hire you because your previous employer filed a false DAC report against you. You are not only out of a job; but you have been black listed out of an entire industry.
Join This Class Action Lawsuit By Sending Your Request to: BADISSE@BADISSE.COM
Intentional and Malicious Conduct
There appears to be an enormous amount of evidence, which includes hundreds of witnesses, against multiple trucking companies showing that the companies have been engaging in a collaborative and malicious behavior against truckers for the pupose of retaliation for leaving their jobs with one trucking company for another. It appears that the trucking companies are utlizing the DAC report as their personal “Black List” against truckers who leave their company and to place fear in those who seek to leave because departures cause the company monetary loss. Furthermore, it is alleged that the administrator of the DAC report, which the trucking companies pay a fee to, is unfairly assisting the trucking companies in their malicious conduct against the truckers.
The potential outcome of this class action against the trucking companies and USIS is that you will recieve compensaton for your lost income and that your DAC record will be corrected. In addition, the trucking companies and USIS may be hit with large puntive damages for their intentional, reckless and malicious conduct (DAC Abuse).
Trucker v. Raven Transport, Inc. (Success Story)
Read how one truck driver fought back against Raven Transport Inc for DAC abuse and defeated their motion to dismiss his lawsuit. The transport company cannot hide behind a “qualified privilege” when it makes intentional false statements on the DAC report. The transport company will be held legally liable for such intentional and malicious conduct. Not only will the company be liable for compensatoy damages resulting from the truckers’ inability to obtain work; but its malicious coduct warrants punitive damages.
” Plaintiff is a pro se litigant pursuing a claim related to losing his job as a truck driver. …Plaintiff has accused Raven of making defamatory statements about him to the EEOC and the DOL as well as to a potential employer, D. Krutiak Trucking (“Krutiak”). Raven has also been accused of releasing defamatory statements in a DAC Report, an employment-history database for motor carriers. Raven has moved to dismiss on the grounds that the statements that they made were privileged and not subject to liability. Plaintiff claims that these statements were knowingly false and have made it difficult for him to secure other employment….. (a) An employer or any person employed by the employer who discloses information about a current or former employee’s job performance to a prospective employer is presumed to be acting in good faith; and unless lack of good faith is shown, is immune from civil liability for such disclosure or its consequences. For purposes of this section, the presumption of good faith may be rebutted upon a showing that the information disclosed by such employer was knowingly false, was deliberately misleading or was rendered with malicious purpose; or that the information was disclosed in violation of a nondisclosure agreement, or was otherwise confidential according to applicable federal, State or local statute, rule or regulation…….This privilege carries a rebuttable presumption of good faith. Qualified privilege will not attach to the DAC Report or Raven’s communications with Krutiak if they were knowingly false, deliberately, misleading, or rendered with malicious purpose……..Plaintiff has alleged that Raven’s statements were knowingly false and rendered with malice. Since this Court must assume that these allegations are true for the purposes of this motion…Plaintiff’s defamation claim for the DAC Report and for communications with Krutiak cannot be dismissed now…
Considering the foregoing, Raven’s Motion to Dismiss is DENIED”
Eaton v. Raven Transport.
Not Reported in A.2d, 2009 WL 1277991
Del.Super.,April 2009.
The above case teaches that to hold the trucking company liable, the allegation MUST not only allege that the trucking company made a false report to DAC; but that there MUST be sufficient evidence showing that the trucking company knew their report to DAC was false when it was made to DAC.
Join This Class Action Lawsuit By Sending Your Request to: BADISSE@BADISSE.COM
The following are a few horror stories taken from the website http://www.AskTheTrucker.com :
- I am a victim of false DAC reporting and I have tried to get the things removed but the trucking companies will not do it. Whatever I can do I will because it is not right that they can lie on us and to us and there is nothing we can do.
- I had to temp come off road , father was hospitalized and when I tried to get another job, I found out they ruined my dac report.
- DAC was meant for a good purpose but trucking companies abuse it by putting false information to keep drivers from leaving to another job. I feel because DAC has been proven to be inaccurate it should not be used against drivers to determine employment. I also feel it is unfair to pay to get information that has been said about me. DAC should be free at anytime to the driver to see. Also because DAC is ruining driver record it is ruining their carrier to get hired to another company. Thus cheaper for a company to hire an inexperienced vs experienced. This is dangerous to the public and criminal.
- I agree this service should be illegal. I have had several untruthful comments put on my DAC when I did everything in my power NOT to burn bridges! The companies were just mad about losing another driver. It is not fair to put this false information about drivers on such a document!
- I had a false report filed on me that cost me employment with a company.
- DAC reports should be banned from the u.s. Companies use them for slander. (which is illegal)!!!
- Negative reports,On my DAC have prevented me from gaining employment.
- I too know this is being done also. It has happen to me and still fighting it with no results.
- I am fighting with my company now as they stated that I abandoned my truck when in fact I asked for the weekend off to move to a new location in SC. The dispatcher knew I would soon be leaving the company so they left me first. While out of the truck, they picked it up & took it back to Ohio along w/ all of my personal belongings never paying me or anything & leaving me stranding in SC. They have ruined me for now on my MVR.
- False reporting by Trucking Companies to DAC cost Drivers months to Years of unemployment that is unfair and costly with no recourse.
Join This Class Action Lawsuit By Sending Your Request to: BADISSE@BADISSE.COM
I am responding to a post made on my site regarding the DAC Issue:
The DAC Abuse should most definatly be a class action lawsuit against a multitude of companies.
Allen Smith over at http://www.askthetrucker.com and Author of the book http://www.truthabouttrucking.com is a great starting point. Allen, with his little bit of free time has taken numerous complaints from drivers whose careers have been ruined from False DAC Reporting. He also has done a “Blog Talk Radio” show which is archived.
The petition that was started to Stop False DAC Reporting has an area where a few people have left comments that are quite startling about when the erroneous information began appearing on their DAC.
For Instance, One Man an experienced Driver going to a new company said he was being encouraged to become a trainer for Women during Orientation, the Man did not want to train Women but the company Rep told him the perks of training Women were “No Sex, No Pass” The Man was so disgusted that he left the company and never worked for them but a mark showed on his DAC from that company for “Insubordination”
Also, over on http://www.ripoffreport.com if you seach specific company names there are a number of drivers posting their experiences with these trucking companies and how their DAC was affected.
When I attended the Dallas Truck Show in August, I was with Donna Smith (Mrs. Allen Smith) and there was someone from DAC there that she tried to get questions answered about this system.
She was unsuccessful, as with many things I’ve found in trucking, they have many ways to keep drivers quiet about the mistreatment they are subjected to and keep them under control with things like DAC that can ruin their career leaving the drivers in a tangled mess trying to fix something that should have never been placed there to begin with. Most give up. These people are unable to fight this system and the trucking industry knows it and thrives from it.
A follow up show from Dan Rather Report is scheduled for this Tuesday at 8pm from the one I was in previously called “Queen of the Road” we are hoping this followup show can touch on the False DAC Reporting that is going on.
This is a timely subject as I have seen there are questions about “Choicepoint” and other background checking systems. These all affect peoples lives and careers, people who have little means to fight back.
Thanks you for your interest in this subject, these people need someone to fight for them
Desiree
I will email you privately,
Thank You for Posting,
Desiree
Your interest in our cause has just come to my attention. This abuse towards our professional drivers have been going on for years and the system is set up entirely for the benefit of the company.
In many cases, the driver is placed in a situation where he or she is unable to establish any kind of proof or evidence that the information placed on their DAC Report is false. Others who have actually provided evidence to DAC still find, in many cases, that the info remains on their report.
DAC has become a retaliation tool, used by trucking companies, to ruin thousands of drivers careers. We have barely just begun our petition to Stop False Dac Reporting, and have already accumulated nearly 700 signatures of support . . . and there are many still who are not even aware of the petition.
Thank you for your interest in our cause,
Allen Smith
http://www.ipetitions.com/petition/falsedacreports/
These companies will tell you to do shortcuts in order to save them money,like letting someone with a trac dozer pull you out of a snow bank,then you are told to just hold the steering wheel while they pull you out,then the oddballs pulling you out yank you too hard and total the trailer.Then your dac report shows you have accident/incident of striking object equipment damage.
I have a claim against J.B. Hunt Transports for falsely reporting information to DAC Services on me back in May, 2009.