MVR Report Compliance

MVR BACKGROUND CHECKOnly Legitimate Companies are authorized to use our MVR Screening Services. By creating a Business Account and agreeing to our terms of use, You hereby agree to use these services in accordance with applicable law including a permissible use as specified by DPPA, FCRA and the GLBA and agree that failure to do so will be a breach of your agreement for this service. You are also certifying that the data returned to you will be used in accordance with all State and Federal laws. Laws applicable to use of this data include the Drivers’ Privacy Protection Act and related state laws (DPPA) and the Gramm-Leach-Bliley Act (GLBA) as well as Federal law (FCRA). The data regulated by the DPPA, FCRA and the GLBA may be used only for the specified permissible uses. Our services are FCRA and DOT Compliant. We do NOT provide personal Driving Records.

NOTICE: Our MVRs come directly from the State DMV and our PSP Records come directly from the FMCSA database – we do not maintain those records. If you believe the information may not be correct and can provide proof of the inaccuracy as well as a legible copy of the applicants driver license then we can dispute the information on your behalf directly with the respective agency. Send the request in writing with all applicable documents to [email protected]

MVR Report Compliance: MVR Driving Record signed permission forms from the driver must be kept on file for a period of 5 years regardless if the applicant is hired.

MVRcheck.com MAKES NO WARRANTIES EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF AVAILABILITY, ACCURACY, COMPLETENESS, FITNESS FOR A PARTICULAR PURPOSE OR OF MERCHANTABILITY. Industry Service Provider acknowledges and agrees that the services provided by MVRcheck are merely access and reporting services that are dependent upon the accuracy, completeness and integrity of government maintained databases and information. MVRcheck.com cannot and does not guarantee that the services will be uninterrupted or error free, or that the information provided will be accurate, complete or up to date. Accordingly, Industry Service Provider agrees that it uses the services at its own risk. The MVR database refers to information maintained by each respective states DMV. The PSP database refers to the information maintained by the FMCSA-DOT.

EMPLOYERS: As an employer (Per FCRA),  you may use consumer reports when you hire new employees, evaluate employees for promotion, reassignment, and retention.

Pursuant to the federal Fair Credit Reporting Act (the “FCRA”) the undersigned, on behalf of the commercial driver  I (the “Employer”), hereby certifies the following regarding each of the MVR & PSP program records (the “Records”) that Employer is requesting:

The requested Records will be used for pre-employment screening purposes only.
Prior to this request, Employer provided each Applicant a clear, separate and conspicuous written disclosure that the Employer is permitted to obtain the Records for employment purposes.
Each Applicant has provided the Employer with written authorization permitting company to obtain a copy of the Applicant’s Records with PSP.
Notice to Employers/Insurers: If you intend to take adverse action as a result of this report, including but not limited to failure to hire or underwrite insurance, you must provide the subject of this report a copy of the report along with our contact information and a Summary of their Rights under the Fair Credit Reporting Act.

Adverse Action Process:

Before taking Adverse Action, the employer must provide the following information to the applicant: If an employer denies a job applicant, terminates an employee, rescinds a job offer, or denies a promotion based on the results of a driving record or drug test, it is considered an adverse action. Under federal law there are required steps that must be followed in order to be in compliance with the Fair Credit Reporting Act (FCRA). Adverse action reports can be processed directly from your online account.

Employer Must Provide the Following:

STEP 1: Pre-Adverse Action Letter – Provide the Pre-Adverse Letter, Copy of the MVR Report and a Copy of the FCRA Summary of Rights to the applicant. This information is sent prior to taking any action and employer should allow the applicant 5 business days to dispute the accuracy of what was reported. This information can be emailed or sent via mail with evidence of receipt. The applicant can go here to submit their request: MVR Dispute Request Form

STEP 2: Adverse Action Letter – this notice is sent after employer decides to take adverse action of not hiring the applicant.

The following needs to be included with the letter:

The name, address, and phone number of the CRA (Consumer Reporting Agency) that furnished the report.
A statement that the CRA did NOT decide to take the adverse action and is unable to provide the apllicant with specific reasons for the adverse action.
A notice of a Consumer’s Rights to obtain a free copy of their MVR Report from the CRA within 60 days.

INSURERS: Insurance providers may use MVR consumer reports to underwrite insurance policies and to screen high-risk applicants per compliance with the Fair Credit Reporting Act (FCRA). An insurance agency that pulls an MVR only in conjunction with “the underwriting of insurance,” as prescribed in the FCRA, Section 604, does not need written permission to obtain the MVR. An agency that chooses to furnish MVRs to commercial insureds on their current or prospective employees may legally do so if agency follows all the requirements of a “consumer reporting agency” under the FCRA.

Consumer Reports provided by MVRcheck.com are for the sole and internal use of the Insurance Agency, and may not be resold, sub-licensed, delivered or displayed in any way or used by any third party. Insurance Agency certifies that it shall order, receive, disseminate and otherwise use the Consumer Reports in compliance with all applicable federal, state and local statutes, rules, codes and regulations. Insurance Agency agrees to indemnify and hold harmless MVRcheck.com from any and all damages, costs, judgments and expenses. Furthermore, Consumer Reports you obtain from us may not be used beyond the purpose for which they were ordered and cannot be sold or given to parties outside the ordering insurance company or insurance agency.

Click Here - DPPA MVR Permissble Purpose

Section 2721. Prohibition on release and use of certain personal information from State MVRs

(a) In General — Except as provided in subsection (b), a State department of motor vehicles, and any officer, employee, or contractor, thereof, shall not knowingly disclose or otherwise make available to any person or entity personal information about any individual obtained by the department in connection with a motor vehicle record.

(b) Permissible Uses — Personal information referred to in subsection (a) shall be disclosed for use in connection with matters of motor vehicle or driver safety and theft, motor vehicle emissions, motor vehicle product alterations, recalls, or advisories, performance monitoring of motor vehicles and dealers by motor vehicle manufacturers, and removal of non-owner records from the original owner records of motor vehicle manufacturers to carry out the purposes of the Automobile Information Disclosure Act, the Motor Vehicle Information and CostSaving Act, the National Traffic and Motor Vehicle Safety Act of 1966, the Anti-Car Theft Act of1992, and the Clean Air Act, and may be disclosed as follows:

(1) For use by any government agency, including any court or law enforcement agency, in carrying out its functions, or any private person or entity acting on behalf of a Federal, State, or local agency in carrying out its functions.

(2) For use in connection with matters of motor vehicle or driver safety and theft;motor vehicle emissions; motor vehicle product alterations, recalls, or advisories;performance monitoring of motor vehicles, motor vehicle parts and dealers; motorvehicle market research activities, including survey research; and removal of non-owner records from the original owner records of motor vehicle manufacturers.

(3) For use in the normal course of business by a legitimate business or its agents, employees, or contractors, but only —

(A) to verify the accuracy of personal information submitted by the individual to the business or its agents, employees, or contractors; and

(B) if such information as so submitted is not correct or is no longer correct, to obtain the correct information, but only for the purposes of preventing fraud by, pursuing legal remedies against, or recovering on a debt or security interest against, the individual.

(4) For use in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body, including the service of process, investigation in anticipation of litigation, and theexecution or enforcement of judgments and orders, or pursuant to an order of a Federal,State, or local court.

(5) For use in research activities, and for use in producing statistical reports, so long as the personal information is not published, redisclosed, or used to contact individuals.

(6) For use by any insurer or insurance support organization, or by a self-insured entity, or its agents, employees, or contractors, in connection with claims investigation activities, anti-fraud activities, rating or underwriting.

(7) For use in providing notice to the owners of towed or impounded vehicles.

(8) For use by any licensed private investigative agency or licensed security service for any purpose permitted under this subsection.

(9) For use by an employer or its agents or insurer to obtain or verify information relating to a holder of a commercial driver’s license that is required under the Commercial Motor Vehicle Safety Act of 1986 (49 U.S.C. App. 2710 et seq.).

(10) For use in connection with the operation of private toll transportation facilities.

(11) For any other use in response to requests for individual motor vehicle records if the motor vehicle department has provided in a clear and conspicuous manner on forms for issuance or renewal of operator’s permits, titles, registrations, or identification cards, notice that personal information collected by the department may be disclosed to any business or person, and has provided in a clear and conspicuous manner on such forms an opportunity to prohibit such disclosures.

(12) For bulk distribution for surveys, marketing or solicitations if the motor vehicle department has implemented methods and procedures to ensure that —

(A) individuals are provided an opportunity, in a clear and conspicuous manner, to prohibit such uses; and

(B) the information will be used, rented, or sold solely for bulk distribution for surveys, marketing, and solicitations, and that surveys,marketing, and solicitations will not be directed at those individuals who have requested in a timely fashion that they not be directed at them.

(13) For use by any requester, if the requester demonstrates it has obtained the written consent of the individual to whom the information pertains.

(14) For any other use specifically authorized under the law of the State that holds the record, if such use is related to the operation of a motor vehicle or public safety.

(c) Resale or Redisclosure — An authorized recipient of personal information (except a recipient under subsection (b)(11) or (12)) may resell or redisclose the information only for a usepermitted under subsection (b) (but not for uses under subsection (b)(11) or (12)). An authorized recipient under subsection (b)(11) may resell or redisclose personal information for any purpose. An authorized recipient under subsection (b)(12) may resell or redisclose personal information pursuant to subsection (b)(12). Any authorized recipient (except a recipient under subsection(b)(11)) that resells or rediscloses personal information covered by this title must keep for a period of 5 years records identifying each person or entity that receives information and the permitted purpose for which the information will be used and must make such records available to the motor vehicle department upon request.

(d) Waiver Procedures — A State motor vehicle department may establish and carry out procedures under which the department or its agents, upon receiving a request for personal information that does not fall within one of the exceptions in subsection (b), may mail a copy of the request to the individual about whom the information was requested, informing such individual of the request, together with a statement to the effect that the information will not be released unless the individual waives such individual’s right to privacy under this section.

Section 2722. Additional unlawful acts

(a) Procurement for Unlawful Purpose — It shall be unlawful for any person knowingly to obtain or disclose personal information, from a motor vehicle record, for any use not permitted under section 2721(b) of this title.

(b) False Representation — It shall be unlawful for any person to make false representation to obtain any personal information from an individual’s motor vehicle record.

Section 2723. Penalties

(a) Criminal Fine — A person who knowingly violates this chapter shall be fined under this title.

(b) Violations by State Department of Motor Vehicles — Any State department of motor vehicles that has a policy or practice of substantial noncompliance with this chapter shall be subject to a civil penalty imposed by the Attorney General of not more than $5,000 a day for each day of substantial noncompliance.

Section 2724. Civil action

(a) Cause of Action — A person who knowingly obtains, discloses or uses personal information, from a motor vehicle record, for a purpose not permitted under this chapter shall beliable to the individual to whom the information pertains, who may bring a civil action in a United States district court.

(b) Remedies — The court may award —

(1) actual damages, but not less than liquidated damages in the amount of$2,500;

(2) punitive damages upon proof of willful or reckless disregard of the law;

(3) reasonable attorneys’ fees and other litigation costs reasonably incurred; and

(4) such other preliminary and equitable relief as the court determines to be appropriate.

Section 2725. Definitions

In this chapter —

(1) “motor vehicle record” means any record that pertains to a motor vehicle operator’s permit, motor vehicle title, motor vehicle registration, or identification card issued by a department of motor vehicles;

(2) “person” means an individual, organization or entity, but does not include a State or agency thereof; and

(3) “personal information” means information that identifies an individual,including an individual’s photograph, social security number, driver identification number,name, address (but not the 5-digit zip code), telephone number, and medical or disability information, but does not include information on vehicular accidents, driving violations,and driver’s status.

Release Forms

Find the required release forms on your Account Home Page.

Employer & Insurers FCRA Information

DPPA Guide

Employer Guide

Employers and Background Checks

Insurers Guide

FCRA Summary

FCRA Overview

FCRA Notice

Report Dispute

Pre-Adverse Action Letter (Sample)

Adverse Action Letter (Sample)


DISCLAIMER:
None of the information contained on this page or within this web site should be construed as legal advice. Because this page addresses privacy issues and the legalities of reviewing an employee’s driving record, it is recommended that employers seek legal council prior to implementing any policies indicated in this page or website. This page may not address policies and procedures that are specific to certain states and/or union groups. For additional information please contact your HR representative or view the Fair Credit Reporting Act (FCRA). Any forms, policies, information and procedures should be reviewed by your legal counsel and human resources manager before being used.

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