The word “credit” in the Fair Credit Reporting Act (FCRA) suggests the law applies to applications for loans and credit cards, which it does. However, the FCRA covers other areas that have an impact on your daily life, from housing to insurance rates … to employment opportunities.
If you’re one of the many professional truck drivers who will be looking to improve their situation by finding new opportunities for employment or to lease on their equipment in 2026, the FCRA will impact that process, too.
The FCRA regulates the actions of consumer reporting agencies.
A consumer reporting agency is any entity that collects information about you and provides it to others. This includes some of the entities that issue reports that carriers use in checking your background when you submit an application, such as your Motor Vehicle Record (MVR), your employment history, your criminal record and even FMCSA-regulated agencies like the Drug and Alcohol Clearinghouse and the Preemployment Screening Program (PSP).
You have a right to know what’s in your file.
Information in these reports can be used in an “adverse action,” such as denial of employment, decisions to hire you at a lower pay rate, or to deny you employment in a particular department or area of a company’s operations.
The FCRA grants you the right to know what is in your file and which information a prospective employer used in making the decision. The law defines the purposes under which users — like motor carriers and other prospective employers — can obtain your information. The law also requires them to tell you where they obtained the data and what data was used in their decision-making.
Employers must ask permission to access your consumer reports.
The FCRA specifies that you must provide permission for a carrier to review your consumer reports. In most cases, that permission must be in writing, but there is a special provision of the law that applies to positions that are regulated by the Department of Transportation: Because most or all of your preemployment interaction with a motor carrier is by phone, email or through the internet, the law allows them to obtain your permission through those communication methods.
Often, a recruiter will simply ask if you grant this permission — but you may be asked to indicate your approval of a separate document that accompanies an online application. If you actually meet in person with the recruiter, your permission must be in writing.
The carrier must tell you why they are requesting permission to access your reports, and their reason has to be authorized under the law.
For example, you might be told the information is needed to verify employment data and will be used in deciding whether to hire you. While your permission gives the carrier authority to check your background before hiring, it DOES NOT extend to them ordering additional reports later. In other words, they can’t hire you and then order another credit report later based on the preemployment permission you gave. They’ll need to ask again.
Your driving records are a different story.
Because the FMCSA requires carriers to check your driving record annually, they are allowed to order your MVR each year. Most carriers will have you sign a document during orientation giving them permission to do this.
If you’re denied employment based on your credit report, you have a right to know why.
If the carrier declines your job application based on information in your background reports, they must tell you where they got the data and provide you with a copy of the report.
For example, if a carrier requires that you have no more than three traffic violations in the past three years and you listed four on your application, they can decide not to hire you based solely on the information you provided. However, if you listed three tickets and they find out about a fourth on your MVR, the carrier must tell you about that MVR and provide you with a copy.
A prospective employer must notify you if they intend to take adverse action.
Actually, there is a provision in the FCRA that requires an employer to provide you with notice that they intend to “take an adverse action” based on your credit report before they actually make the decision. This gives you an opportunity to have your file corrected if any of the information is in error. In the example above, for instance: What if that fourth ticket was dismissed or pleaded down to a non-moving violation?
Knowledge is power.
You have a right to know what’s in your file before a prospective employer ever orders the first report. Take advantage of this! Most consumer agencies allow consumers to review their information at least once a year, and sometimes more frequently. In many cases, it’s free.
HireRight, a highly-used reporting agency for the trucking industry, allows you to request a copy online here. If you’d rather submit your request by phone or mail, instructions for how to do so are provided.
You can — and should — know what’s in your file before you fill out the first application. The same is true of your MVR, PSP and Drug and Alcohol Clearinghouse reports.
If you’re denied employment, you should be provided with a reason why.
But be prepared: Carriers may give a non-specific answer like, “We have better-qualified candidates.” If you believe you meet all required qualifications and you’re denied employment, you are within your rights to request further information. Do this in writing within a few days of being informed of the company’s decision — and specifically request copies of any reports with information they used when making that decision.
The FCRA also governs the information carriers are allowed to provide to consumer reporting agencies about your record. You have the right to know what a former employer said about you, to request that any errors be corrected, and to have your statement of rebuttal included in the report if the carrier refuses to change their entry.
Your record doesn’t just reflect your history. I’s an indication of your character and integrity. Use the rights provided by FCRA to manage your reputation.
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.
