Driver files class action against trucking company over alleged violations of the FCRA

A class-action lawsuit was filed against CPC Logistics alleging violations of the Fair Credit Reporting Act after the company failed to notify an applicant of information uncovered on a DAC report prior to taking adverse action against him.

The plaintiff in the case claims that his DAC report—a detailed summary of a trucker’s work history in the trucking industry—contained inaccurate and adverse work history information. DAC reports are considered consumer reports and are thus bound by the requirements of the federal Fair Credit Reporting Act.

When CPC Logistics decided not to hire the plaintiff based in whole, or in part, on the information returned on his DAC report, CPC failed to notify the plaintiff of their decision, according to the suit. By failing to notify the plaintiff, he was unable to dispute the accuracy or completeness of the information contained in the report.

According to LandlineMag.com, the complaint states that CPC regularly failed to provide applicants or employees with notifications prior to making adverse employment decisions based in whole, or in part, on information uncovered on the consumer reports procured by CPC.

“CPC knew or should have known that its actions and omissions violated the FCRA,” the lawsuit said. “These obligations are well-established in the plain language of the FCRA and in the promulgations of the Federal Trade Commission and Consumer Financial Protection Bureau.”

Source: LandlineMag.com, 2/25/2016

Posted: March 22, 2016