If you’re like the vast majority of truck drivers, the job you currently hold is not your first driving job, and it won’t be your last. Turnover is so high in today’s trucking industry that the odds say you’ll be working somewhere else by this time next year.
If you’re someone who works in the process of hiring people, you might be new or have years of experience. There are rules that must be followed to make sure your organization is in compliance with regulations. If you’re hiring truck drivers, those rules are different.
FCRA not just about ‘credit’
Whether you’re hiring or being hired, the Fair Credit Reporting Act (FCRA) applies to you. Enacted in 1970, the FCRA regulates how consumer information is collected, shared and used. There are, however, some misconceptions about what the FCRA regulates. Because the word “credit” is in the title of the act, it’s easy to conclude that it applies to credit reports that can impact your ability to get a mortgage, car loan or other borrowed money. It does, but it applies to so much more. If you’re applying for a job or if you’re hiring someone, it applies to you, too.
A key phrase repeated in the act is “Consumer Reporting Agency.” Credit reporting companies like TransUnion, Equifax and Experian are certainly consumer reporting agencies. However, any organization that collects and shares data about you can be a consumer reporting agency. That includes HireRight, the most well-known consumer reporting agency to the trucking and other industries.
Because of their role in the employment process at so many companies, HireRight works to educate its customers on the FCRA and the steps required to order and use the information it collects. That was the subject of a “Background Screening 101” webinar conducted by the company on March 19, 2025. Alonzo Martinez and Nicole Campion, both Associate Counsel for HireRight, conducted the session. While the subject was directed to HireRight customers and how to properly use and dispose of information, drivers can learn as well.
The FCRA provides users of consumer report information with guidelines for how data can be obtained and is to be used. It also outlines specific rights for those who could be impacted by that data. If you have applied for a new job, that could be you.
HireRight collects trucking industry data from common sources such as state licensing agencies (traffic records), credit agencies (credit records), state and federal crime records, county courthouses and from its own customers, along with other sources. That information can be ordered, at a cost, by their customers, who often use it in making decisions about hiring or promoting.
FCRA do’s and don’ts
The information can only be used for a permissible purpose. For example, a bank manager can use the data to make a decision over whether to grant you a loan, but can’t use it to determine if you’re a good marriage candidate for his daughter. Trucking companies mostly use the background information to make driver hiring decisions. Decisions to deny credit, not to hire or even to hire but at a lower pay level are considered “adverse actions.” If a company takes an adverse action against you based on a consumer report, you have specific rights, according to the FCRA.
Not just anyone can order consumer information. The user must identify who they are and certify the purpose for which the information will be used. If a carrier orders information about you from HireRight or any other consumer reporting agency, they must have authorization from you to do so. For positions governed by the Department of Transportation (DOT), the authorization can be oral, written or electronic. If the carrier uses an online application, the authorization is often included. Recruiters are often given a statement to read, asking if it’s okay to order reports.
If the carrier decides not to hire you, or lease you as an Independent Contractor, and if that decision is based on information contained in a consumer report, they must provide you with the name, address and phone number of the agency from where they received the information. They must notify you that the background company did not make the decision not to hire you. And, they must provide a notice of your rights to obtain a free copy of your report from the agency and to dispute the information listed.
Remember, the decision not to hire must have been at least partly based on information received from the reporting agency. For example, if you listed a dozen traffic violations you’ve received on your employment application, the carrier could make a decision not to hire you based on the information you provided without even ordering a background report.
HireRight doesn’t make you wait until you’ve been denied a job to order a copy of your report. You can request a copy at support.hireright.com/en-US, by mail at 14002 E. 21st Street, Suite 1200, Tulsa, OK 74134, or by calling 866-521-6995. It’s a good idea to know what’s listed in your report before you start submitting applications.
If you discover incorrect information on your background reports, you have the right to request that it be corrected. For example, if a traffic ticket is listed that you subsequently were acquitted of in court. Most disputes arise from employment information submitted by former employers to what HireRight calls the “DAC Report.” Once you leave employment, companies can submit the date you left and the reason, along with whether you violated any company rules while employed and if they would consider hiring you again. Carriers are not allowed to share the consumer reports with other carriers but must destroy those records properly.
You have the right to dispute these records if you disagree. If the former employer won’t change the data, you have a right for your rebuttal to be included on the report. If you do this, make your statement businesslike and respectful, since future employers will read it, too.
Learn more about your rights and responsibilities under FCRA at Consumerfinance.gov/learnmore.
Cliff Abbott is an experienced commercial vehicle driver and owner-operator who still holds a CDL in his home state of Alabama. In nearly 40 years in trucking, he’s been an instructor and trainer and has managed safety and recruiting operations for several carriers. Having never lost his love of the road, Cliff has written a book and hundreds of songs and has been writing for The Trucker for more than a decade.
I am so happy I’m retired every time the government has a hand in something they ruin it.