Driver files lawsuit against carrier employer over alleged DAC report violations

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Updated Mar 15, 2016

A truck driver has filed a class action lawsuit against CPC Logistics alleging the company violated the Fair Credit Reporting Act by not notifying applicants or employees they were not hired because of information found in their DAC reports.

Jeffrey Hoeflicker applied for employment with CPC in January 2014. CPC then pulled Hoeflicker’s DAC report, which contained “inaccurate and adverse work history information,” according to the lawsuit, relating to his employment with Bestmark Express, court documents state.

The complaint alleges CPC denied Hoeflicker employment, at least in part, based on information found in his DAC report. The company failed to notify Hoeflicker within three business days, as the FCRA requires, following the â€śadverse action.”

The filing adds Hoeflicker “suffered actual damages” from this, specifically, lost employment opportunity, because “he was previously offered the job position contingent upon the background search.”

CPC denied all allegations in the report. The complaint was originally filed Sept. 3, 2015, and the trial is set for May 22, 2017.