Lawsuit claims trucking company violated FCRA

By Mark Schremmer, Land Line staff writer | Thursday, February 25, 2016

CPC Logistics is facing a class action lawsuit for allegedly violating the Fair Credit Reporting Act by failing to notify applicants or employees after taking adverse action against them based on information found in a DAC report.

Jeffrey Hoeflicker, an OOIDA member from Concordia, Mo., filed the original lawsuit on Sept. 13, 2015.

According to the complaint, Hoeflicker applied for employment with CPC in January 2014. Shortly thereafter, the lawsuit claims CPC pulled Hoeflicker’s DAC report, which included incorrect information regarding his employment history. DAC employment history files are provided to trucking company clients by HireRight.

“CPC’s failure to offer (Hoeflicker) employment based in whole, or in part, upon information contained in his consumer report is an ‘adverse action’ as that term is defined by the FCRA,” the complaint said.

The lawsuit also claims that CPC failed to notify Hoeflicker about not hiring him at least in part because of information found in the report. By failing to do so, the complaint claims that Hoeflicker wasn’t able to dispute the accuracy or completeness of the information in the report.

Hoeflicker said his DAC report included incorrect information regarding his driving record and length of employment.

“The federal guidelines state that if they check your DAC report and don’t hire you, then they have to send you a letter in so many days, giving you the reasons they didn’t hire you,” Hoeflicker said. “They didn’t do that.”

The complaint claims that it is CPC’s regular practice to fail to inform applicants or employees about adverse action taken based on information found in consumer reports.

“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.”

CPC denies any violation of the FCRA and denies that it opted not to hire Hoeflicker based on information in his DAC report.

A trial is set for May 22, 2017.

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