Back to News

FMCSA Avoids Credit Agency Requirements

Published on

October 6, 2021

Trucking companies have been concerned that every time they do a driver safety check, they need to comply with the onerous Fair Credit Reporting Act (FCRA) and its regulations, such as authorization, disclosure, pre-action notice and action notice. A minor misstep can cause a major headache.

Now, trucking companies can continue to do driver safety checks without having to worry about these onerous federal regulations, according to a recent court case.

In the recent Mowrer v. U.S. Department of Transportation case, the U.S. Court of Appeals for the District of Columbia ruled that the Federal Motor Carrier Safety Administration (FMCSA) does not act as a consumer reporting agency when it distributes safety records of commercial truck drivers to employers as required by the Safe, Accountable, Flexible, Efficient (SAFE) Transportation Act. 

The court relieved the motor carrier agency from the burden of complying with numerous FCRA requirements on the basis that the drivers’ safety records were being distributed for safety and enforcement reasons, and not for the purpose of furnishing the records to prospective employers.

At the critical intersection between these two significant federal laws, the appeals court’s decision is an important one for the transportation agency, because it relieves the FMCSA of some of the significant burden of FCRA compliance, while still requiring driver’s consent, access limited to the prospective employer and a procedure for drivers to correct inaccurate information.

If you have any questions about this case or its implications, please contact Dave Confer or Mike Crocenzi.


Related News

View More News
Press Release
November 21, 2023

Barley Snyder Attorney Amanda Kowalski Elected Vice President of the Lancaster Law Foundation

For Immediate Release Lancaster, Pa. – Barley Snyder is pleased to announ...

Learn More
Press Release
September 8, 2023

Barley Snyder Partner Justin A. Tomevi Named to Forty Under 40 List 

For Immediate Release York, Pa. – The Central Penn Business Journal&...

Learn More
News Alert
July 25, 2023

Two Transportation Labor Disputes Settled (Tentatively)

In the first two days of this week, it appears likely that strikes by Yello...

Learn More

Other Upcoming Events

View All Upcoming Events
Mar
20
12:00 pm
-
6:00 pm
event
Location

LendiCon 2024

Learn More
May
10
8:00 am
-
5:00 pm
event
Location

41st Annual Employment Law Seminar

Learn More

Get in Touch

Our attorneys, paralegals and staff look forward to hearing from you. Please reach out to let us know how we can help.

Get In Touch
RECOGNIZED IN
Super Lawyers
Best Law Firms US News
Best Lawyers