Re: Your DAC Report And Your Rights
- From: "~Tony~" <alprovaNS@xxxxxxxxxxx>
- Date: Sun, 25 May 2008 10:39:51 -0500
richard <member@xxxxxxxxxxx> wrote in
news:6oki341hoanhm8kdcd8c4m8ruu58iqh9ah@xxxxxxx:
Minor addition. Federal law says that all applicants must state the
previous 10 years of experience if as a driver.
To word it better, the law is that you must list all jobs held as a driver
of commercial vehicles for the previous ten years.
Otherwise it is 3 years.
References are checked thoroughly for the previous three years, and all
jobs, regardless of occupation, must be listed for the previous three years
on any application for the position as a commercial driver.
What I'd like to know is, how does DAC know a driver worked for a
company that DAC does not do business with?
There are several ways they can discover it.
A prior employer may report this information as being listed an application
for employment. It is not illegal for an employer to report this, any more
than it is for a bank to report employment on a credit report, which they
derive such information from an application for credit.
If a driver is ticketed for an offense, or goes through a DOT inspection,
those reports almost always wind up in the SaferSystem database, and it is
considered public information. Anyone with a vested interest, including the
press, can apply for access and pay a fee to access the detailed database,
and discover your complete record as a commerical driver.
Insurance companies, which are now keeping databases on the drivers they
agree to cover are now in the business of selling information to consumer
reporting agencies. It brings them in millions per year.
Credit reporting agencies are selling information to other credit reporting
agencies.
How do they obtain this information?
I think the above answers that.
There is no place I know of that a company MUST report who they hire,
outside of state employment agencies.
Motor carriers are required under Federal law to divulge employment
references to any other motor carrier that requests that information.
They are additionally required to inform their insurers of any driver they
have operating their equipment, and most insurers will not allow a company
to hire the driver without their approval, which may or may not be given
until the insurer performs a background investigation of their own.
Those that provide Worker's Compensation coverage are aware of your
employment. If you obtain health, dental, and life insurance, your
employment is known to those providers as well.
Then what if I don't want DAC to have my information at all?
You can no more stop them for obtaining your employment information than
you can Equifax, Trans Union, and Experian from amassing a file on you
regarding the way you pay your bills.
Your only right is that you are allowed to know what they have in their
databases, and you have the right to challenge false or misleading
information.
The way I see it, your employment record has nothing to do with credit
reporting. Very little if any.
DAC reports are considered "specialty consumer reports", and are linked to
the credit reporting industry only because they fall into the same
classification of collecting and dispersing information that credit reports
fall under. The practices are both regulated by the Federal Trade
Commission (FTC), and your rights are protected under the Fair Credit
Reporting Act (FCRA).
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- From: ~Tony~
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