Truck Driver Files Class Action Lawsuit Against Swift Transportation

Richmond, VA: A truck driver has filed a class action complaint against Swift Transportation Co, a transportation company based in Arizona, for allegedly violating the Fair Credit Reporting Act.

The lawsuit alleges the company failed to properly disclose its hiring practices, including background checks. According to court documents, James Ellis III, the named plaintiff in the class action complaint, applied for a driving job with the transportation company on or around May 15, 2012. The company then procured his consumer report and criminal background check allegedly without his consent.

Ellis claims the company immediately disqualified him from further consideration for employment after receiving the information obtained in his criminal background report. In the lawsuit, Ellis alleges that the company, “…does not provide or obtain an appropriate disclosure and authorization from job applicants… prior to acquiring these criminal background reports.”

He also claims that the company did not notify him that he could obtain a free copy of the consumer report within 60 days and that he could dispute the “accuracy or completeness of the information contained in the consumer report directly with the consumer reporting agency.”

The lawsuit was filed in the US District Court, Eastern District of Virginia as Case number 3:13-cv-00473-JAG.

The plaintiff is represented by Matthew J. Erausquin of Consumer Litigation Associates PC.

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Reader Comments

Posted by
Fighting them now on unpaid miles. The run I'm on THEY list as 1930 miles from p/u to delivery. It is ACTUALLY 2027 miles difference of 97 miles WHICH means 218.25 in fuel, 97.00 in lost wages, 194.00 in def, 13.32 in excessive mile charges for a total of 522.57 in lost wages ( THAT'S A TRUCK PMT) NOT to mention wear and tear of the truck.
It ALSO means that's 522.57 worth of food they are taking OUT of my grand children's mouth. I'd like to see them work for 5 1/2 hrs for free every day I'd bet it would change REAL quick.

Posted by
HEllo yes i was with a truck got hurt in truck driver did nothing he was on drugs bennies speed drivers take

Posted by
Swift Transportation does not pay drivers actual miles you drive, and they pay you how much they think your check should be.

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