US Xpress Enterprises ripoff Reported fradulent lies information accidents that I was not involved in to DAC services to impede me from obtaining jobs as a truck driver Chattanooga Tennessee
US Xpress reported to DAC that I was involved in three accidents that I was not involved in. They suspended me for 29 days and have never provided me with so much as an accident report to prove anything that they are claiming.
They suspended me 29 days, and after I sent them about 15 letters, about every three days via facsimile(asking for documentation and proof of what they claimed) they sent me a termination letter stating I was fired based on Safety Performance (whatever that means). I had quit as of January 20, 2006, but they are claiming I was fired, (and January 20, 2006 was the date that they dated their termination letter, but they mailed it a week later.)
They have impeded my ability to gain other truck driving jobs. I have a job now, but I cannot go anywhere else because these three accidents that I was not involved in are coming up on my Dac report. There is nothing on my MVR. They will not send me my employee file, even though I am entitled to it based on the Freedom of Information Act, and they ignore my requests for it. I would really like to go in on a class action suit as I have heard of other drivers that they have done this to.
Scott
Harvard, Illinois
U.S.A.
6 Updates & Rebuttals
Jennifer
Harvard,Illinois,
U.S.A.
Thank you for your advice
#7Author of original report
Thu, December 28, 2006
Thank you very much for your advice. Since the time that I placed this complaint on here, I have been able to have the accidents that US Xpress reported removed, based on the fact that US Xpress could not provide any evidence to DAC that I was involved in them. It took a bunch of letters via certified mail, and a lot of patience.
I also threatened to sue DAC for violations of the FCRA if they did not remove the unverified information within 30 days, and believe me, I did a count down. It is ridiculous that you are innocent until proven guilty in a court of law, but with DAC you are guilty automatically, disgruntled former employers can defame you, and DAC reports it all, by policy, without any type of verification. It took about two months to clear this matter up, and I still have a termination entry on there (that shouldn't be) that I am still working on having removed.
My wife works for attorneys, and her attorneys are actually referrals of Prepaid legal, but I was able to do this on my own, without incurring legal expenses. Thanks again for all your advice, and hopefully I will be able to close this matter completely in the near future.
Scott, Harvard, Illinois
Steve [Not A Lawyer]
Bradenton,Florida,
U.S.A.
Info for Scott regarding adding a statement to DAC
#7Consumer Suggestion
Thu, December 28, 2006
Scott,
DAC is a real pain to deal with and their policies and procedures are all in direct violation of the FCRA who they are bound by.
When you file your 100 word statement with DAC, be very specific that you want it exactly as you wrote it. They like to reword it totally to suit their own needs. They totally change the meaning. They are morons, and very arrogant too.
Send this dispute and your 100 word statement individually and put your certified# on each letter and keep a copy for your records to prove exactly what you sent. You WILL need this proof in the future, as you will most likely have to sue them for damages. They will not cooperate.
Good luck.
John
Califon,New Jersey,
U.S.A.
DAC Question
#7Consumer Comment
Thu, December 28, 2006
Since this company reported 3 accidents to his DAC, doesn't DAC require proof that they occurred from the reporter? Like the police dept where the accident occurred so DAC could get a copy of the report that is authentic?
It would seem to me that would clear a few issues.
Clayton
Merced,California,
U.S.A.
To Scott in Harvard, IL
#7REBUTTAL Individual responds
Wed, December 27, 2006
Scott,
Be sure you put in a rebuttal on your DAC Report as to what really happened. DAC is required by law to let you have a rebuttal. Also, call prepaid legal at 1-800 654-7757 and they will assign you an attorney for around $29.00 a month. The attorney can write a threatening letter that they must clear up the DAC report or you will be suing for damages soon. The attorney will even make a call for you if you'd like and they will talk to the safety person in charge. Prepaid legal will also help you file papers for you to go to court and represent yourself.
The reason I know this I went through prepaid legal and they helped me.
Scott
Harvard,Illinois,
U.S.A.
Thanx for the info Scott of Bradenton, FL
#7Author of original report
Thu, September 07, 2006
Thanks for the info, my wife works for attorneys and even she did not know that DAC could be reported to the FTC. I have already reported US Xpress to the USDOL and DAC to the FTC. The things that DAC discloses should not be legal, it gives the trucking industry an outlet to give you a bad reference and the fact that they are not required to substantiate any evidence until the driver disputes it is unnerving. On top of all that you have to give them a copy of your SS card and your driver's license, for security purposes (what about identity theft??) If they put fraudulent statements on your record to begin with, with no evidence from the people that claim these lies, who knows what they do with the rest of your personal information when they get their hands on it. Scary. If you are innocent until proven guilty in court, then it should be the same with your DAC report. I hope to get justice in this regard.
Steve
Bradenton,Florida,
U.S.A.
Scott...Forget Class Action lawsuits!! They go absolutely nowhere!
#7Consumer Suggestion
Tue, September 05, 2006
Scott,
DAC/USIS is governed by the rules of the FCRA. You can dispute the report, and file a consumer statement. You can also sue under the FCRA for violations.
Send all communications by certified mail, return reciept requested. Put the certified# on the letter itself, and keep a copy for your records.
You will need these when it comes time to sue.
You can also go to ftc.gov and file a complaint online, as they have the jurisdiction just like they were a credit reporting agency.
You have a right to your full DAC report at no charge once per year. Get one ASAP. This IS your employment record. You can also file complaints with the FMCSA for illegal activities for any dispatch violations or truck safety/HOS compliance issues. And you can file a complaint with your state DOL and the USDOL for labor violations.
Have fun!
You should have filed unemployment before getting a job just to get the denial in writing as evidence.