Steve [Not A Lawyer]
Bradenton,#2Consumer Suggestion
Sat, April 07, 2007
J, Did you know that the DAC/USIS report is regulated under the FCRA just like a credit report? Did you know that you have the same right to dispute an item and add a 100 word or less statement? Did you know that you have the right to sue for any inaccurate information that has caused you damages? You can even sue for the false report alone. Up to $1000 in punitive damages. Stay off the phone. Do everything in writing and only by certified mail, return reciept requested. be sure to put the certified# on each letter and keep a copy for your records. This is very important as it holds all parties accountable, and lays the foundation for your lawsuit. Do this right away. Now, let me guess! They did an "Abandoned Equipment" report on you, right? Legally they can do this, as you did, actually abandon the equipment as per your employment agreement you signed at time of hire. HOWEVER, you can justify it in your statement on your DAC report. Did you tell the DM that you were going to leave the truck there and go home? Did the DM give you permission? Probably not. The ONLY legal obligation that Swift had to you, was to pay you layover pay as agreed and to get you a room if you could not sleep in the truck due to being in the shop. That's it. The only reason they do the abondoned equipment report on the DAC is so they can charge you for recovering the truck. Good luck on your new job.