Bill
Bayview,#2Consumer Suggestion
Wed, April 22, 2009
As stated in the Fair Credit Reporting Act: You may seek damages from violators. If a consumer reporting agency, or, in some cases, a user of consumer reports or a furnisher of information to a consumer reporting agency violates the FCRA, you may be able to sue in state or federal court.
Donald
Derby,#3Consumer Comment
Mon, March 23, 2009
Can't a company be sued for slander or defamation of character for making false reports that result in the injuring the reputation of a person? I mean, its really easy to sue an individual for false accusations so why not sue the trucking company, or USIS (DAC) for that matter for falsley damaging your reputation..
Anthony
Rossville,#4Consumer Comment
Sun, February 15, 2009
...you have to know how to force compliance by those who would abuse your rights. You offer a very generic report, and this is a good time to discuss it in those terms. Drivers have to understand that the paying customer of USIS is the companies that submit to them, the information compiled in their databases. It's a given that companies that are supported by paying customers will be loathe to do anything that might tick them off. Thus we as drivers are stuck with a system where the companies most often than not, have the upper hand in what appears on those DAC Reports. When a report is filed by a company to USIS, they are not required at that time to submit any proof of the report. It is then entered as fact by USIS and then distributed to those companies that you apply to work for. More times than not, misinformation or false information is not caught be the driver, until he is told by a prospective employer that your report contains negative information that precludes them from hiring you. By that time, you are way behind the game in having time to get things corrected. It can take months to correct information. Understand also that USIS is not going to respond to statements of protest that the information is incorrect. Proof must be forthcoming in order to force them to react. But you want the company who filed the false information to flinch first. So your first course of action will be to file a protest, but under no circumstances offer any proof that you have that refutes the claim FIRST. Make the company cough up their information and proof. Then you will be able to lock in their defense and information, disallowing them the opportunity to manufacture more false information and false information. Once you know what they have offered as proof, you can then offer your proof to contradict theirs, or you will then know what you will have to attempt to gather to disprove their allegations. For instance, if you are being disqualified due to an accident that the company is stating was your fault, then you can obtain a police report that clearly disproves that, if such a report exists and a determination was made at the scene, exonerating you. If the other party was cited at the scene, that is proof enough to force USIS to remove it. If you are being charged with accidents that never occurred, or any other disciplinary actions that the company claims to have taken against you, demand that the company cough up a copy of the relevant written report with YOUR signature on it, acknowledging that you were made aware of this information becoming a part of your permanent record. If the company did not make you aware in writing of their determinations on any negative issue, then they are not allowed to enter it in your record. Always communicate with USIS in writing, and always send correspondence by certified mail, return receipt requested. Never send original documents. Keep them for your records and send copies only. And lastly, anytime you encounter ANY potential negative issue while on any job, never be afraid to request a written determination and finding by the company, and whatever you do, get and keep all copies for ten years. For that matter, keep copies of EVERYTHING you sign while employed by any motor carrier for ten years. Information that cannot be proven cannot remain on your report by law. If USIS refuses to remove unproven information, file a complaint with the FTC for violation of the Fair Credit Reporting Act (FCRA). File complaint on both the company you worked for and USIS as well. When ever you change jobs in trucking, be sure to pull a copy of your report after thirty days has passed, once you leave a job. This way, you can be on top of false or misleading information as soon as possible, and get started early on in resolving any disputes. Google USIS, select the first site reference that pops up, scroll down to the "consumer" link at the bottom of the home page, and read throughly all the information that is on the site regarding your rights. You can also find more information on the Federla Trade Commission (FTC) website, including how to file any compliant against those who are violating your rights to simpy report your record fairly, accurately, and honestly. Don't let any company get away with false reporting. When you do, they feel that they can do it to everyone. It is against the law, and they deserve to be punished for it when they violate the law.
Ricky
Wilmington,#5Consumer Suggestion
Wed, February 11, 2009
http://www.usis.com/Consumers/default.aspx Use this to obtain a copy of your DAC, upon receipt, you can then file a rebuttal. I am awaiting my DAC copy, will then pursue a rebuttal; have info in there from JB Hunt which is causing problems, they are nefarious people. Best to you Fred