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In Concordia, Missouri, Jeffrey Hoeflicker is filing a class action lawsuit against trucking company, CPC Logistics, for allegedly violating the Fair Credit Reporting Act (FCRA). Hoeflicker claims CPC failed to notify applicants or employees after taking adverse action against them based on the results of their DAC report. A DAC report is a detailed consumer report of a driver's work history, eligibility for rehire, criminal history and much more.

Hoeflicker applied for employment with CPC in January, 2014. Shortly after, the company obtained his DAC report which included incorrect information regarding his employment history. "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 DAC report, which is much like a background check, is considered a consumer report and therefore subject to regulations of the FCRA. The FCRA requires employers to provide applicants with a pre-adverse action letter, a copy of the Summary of Rights Under the Fair Credit Reporting Act, and copy of their report. Employers also need to provide applicants a reasonable time to review the report before they deny employment based on the results.

"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 violations and claims they did not deny Hoeflicker based on information in his report.

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