Western Express Smearing my name thru mud, costing me jobs Nashville Tennessee

  Ok here is the real word deal with DAC . Dac is a unregulated entity . Although they are supposed to follow federal laws  THEY DO NOT !!!  once again THEY DO NOT . here is what happens when you file a rbutal . Dac either calls or writes to the company in question and inquires as to the validity of the entry  , the company simply says yes and thats the end of the so called investigation . The only way for the company to be forced to show proof is in court . I am here to tell you right now my friend , you are in for a long , expensive battle . and the truth is this ,unless you have a lot of money for a very very good lawyer who knows about the trucking industry and DAC ,you are SOL . that is just how it is . DAC and trucking companies have been getting away with this mess for ever and its not going to stop . We allowed this to happen ,and we all just sit back and take what ever gets thrown at us . What was said to you here by the other poster should be done . but its a pipe dream .When it comes to removing things from your DAC report , the burden of proof is on the driver . I dont care what anyone tells you . you can either listen to what I am telling you or not .I  know many drivers who went through this and lost in court when they were clearly in the right . I went through this but I did not have the amount of money the lawyers wanted . Lawyers have caught on to this and are taking full advantage of it  at the drivers expense .

  One more thing that most drivers do not know . If you are lucky enough to have something removed from you DAC , the company can wait a specified amount of time and put it right back on your DAC . It happen  to me . I fought DAC for five years and got know where .There have also been many cases where a driver mangaed to get into court , the driver was found to be in the right and the court ordered DAC to remove entries and didnt . Even after being told to do so by a judge and nothing happened . spend some time online and research DAC and cases that have been filed against them .Now we have CSA to contend with , another unfair regulation that is not going away . We just sit back and let it happen . No body does anything or says anything . the typical response , " oh well ,that just the way it is " Even though things have got out of control , there is still a way we can take control of our destiny in trucking , SHUT IT DOWN . that is the only way DOT ,FMCSA ,DAC ,Mothers Against Tired Truckers and all the other silly groups  out there and the trucking companies who WE drivers make rich , are going to get the message . All of us ,company drivers and O/O's we all are out here doing the very same thing , the only differnce is , some of us are O/O's and the rest of us are company drivers .

Zulma, if what you are offering is on the level, and information that is completely false is being reported to potential employers, then you are in a position to go after them.

The references placed on your DAC file are regulated under Federal laws meant to protect consumers. These laws are covered under the Fair Credit Reporting Act (FCRA). Additionally as it pertains to the trucking industry, it is patently a crime for a former employer to report false and misleading information to another in the attempt to blackball a former employee.

The first thing you need to do, if you have not done it already, is to obtain a copy of your DAC report to see what is on it. You are entitled to a free copy of your report under the following conditions;

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;

At any time you feel that information included in your file contains inaccurate information supplied by a former employer;

If you are unemployed and expect to apply for employment within the next 60 days;

After a challenge has been submitted and information has been corrected;

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 the above circumstances, submit the following information and required documentation to them in writing to obtain your report;

Your full name;

Your current mailing address;

Your Social Security Number;

The REASON from the list above that you are requesting a free copy;

A legible copy of your driver's license;

A legible copy of your Social Security Card.

USIS recommends that you enlarge copies of the driver's license and Social Security card images, to head off any issues that they cannot be read easily and clearly.

If you do not meet any of the above required circumstances for requesting a free report, you must include $9.50 with your request for a copy of your report. It is not stated what acceptable methods of payment are acceptable, so I advise anyone to call prior to sending the request to verify if a personal check is okay prior to mailing your request, and that the price for a paid report is still the same as it was at last check.

Mail your request to the following address:

USIS Screening and Information Services
4500 S. 129th East Avenue
Suite 200
Tulsa, OK. 74134-5885


You can call them at the following number with any questions that you have at:

1-866-205-6129

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Once you see what is being offered on your DAC report, if you see false information on it, then you have the right to refute it. Once you start the process of refuting false information, DO NOT give up until it is removed from your report.
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The following is my personal recommendation on how to fight false and/or misleading information;

Submit your challenges to USIS at the address above in writing. Pay for each letter pertaining to your report to be sent by certified mail, with a return receipt requested. When USIS signs for that envelope, it starts a countdown from 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. Simply state what information is incorrect and that you are requesting that it be removed or corrected on your report.

USIS is required to go to the carrier to notify them that you have challenged an entry offered about you. USIS will request them to substantiate the entry with something in the form of proof that justifies it. If the company fails 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 their "proof" to your first challenge, they cannot change it at a later point and time.

If you have the proof that the entries or information is incorrect, THEN at this point, 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, if they are that determined to blackball you.

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 that point. You will have to hire an Attorney to negotiate a removal of the entry, or you can file a complaint with the Federal Trade Commission (FTC). You can do this online at the FTC website. 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 fighting false information. But never threaten anyone during the process. That will get you nowhere.
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If this company can in any way prove that you did disconnect the electronic's meant to track your whereabouts for periods of time, or that you did indeed use abusive language in your communications, then you're not going to make any progress in getting your name restored. Those records are easy to print out for future reference.

So again, if you're innocent of the references you are being saddled with, then the burden is on them to prove it. If you're not innocent, then they probably have proof. Calling their bluff could work in your favor even if the charges are correct, because the time has long passed for them to be able to pull up that proof.

Your wanting to be home each week isn't an issue of concern to a former employer and it shouldn't even be discussed, and if that is being reported as some sort of a a negative either in print or orally, then this person is stepping way over the line in terms of disclosing your background to another company.

I like getting home each week too, and I do it too, because I will not work where that isn't going to happen as promised.

You have to decide how far you are willing to go, to make this right, and if you start the process, you have to go the distance to complete it.

I have had to fight a false report one time in my 30 year career, and I fought to the bitter end. It was much harder back then, than it is now to get movement out of what was once DAC Services, Inc.

Today, the more insistent you are, the more likely they will bend. Several people have sued them for refusing to remove blatently false information, and companies that don't cough up the proof of a negative entry, result in an immediate removal of it, because USIS doesn't want to land in court, or be subjected to any more scrutiny by the FTC.

So don't give up. Fight for what is right and true. As you know, your future depends on it...for up to seven years.

However, keep in mind that CDL drivers are exempt from normal employment reference limitations for the most three recent years. Employers are required to check the backgrounds of drivers, and document it as well, for those most recent three years. Negative work related issues are allowed to be disclosed, so long as they are true, if they are deemed necessary to be disclosed to others for reasons that make you a potential risk to another employer, and if they can be substantiated with proof.

I wish you the best in fighting the battle.

This could quickly turn into a legal issue. It is illegal for them to say but 3 thing about you. 1. Yes he was employed here. 2. This is how much he made with us. 3. Yes/No he is/is not eligible for re-hire. Anything said more than that is against the law! Sounds to me like defamation of character and I suggest getting a lawyer! Best regards!