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OOIDA vs USIS Commercial Services...
Court Documents...
Status...

As of mid-November 2007 - Filed July 2004 in U.S. District Court, District of Colorado. This case, in part, challenged whether DAC received “termination record forms” from motor carriers without the permission of the subject drivers, and willfully failed to follow reasonable practices to ensure maximum accuracy of the reports that it sells to motor carriers.

Judge Robert E. Blackburn denied class-action status in May 2006. The trial began in late August 2006, but halfway through Blackburn threw out two of the six individually named trucker plaintiffs and dismissed three of their four counts against DAC. On Sept. 5, a jury found in favor of DAC on the remaining count for all four of the remaining plaintiffs.

OOIDA appealed to the 10th Circuit Appeals Court and oral arguments were set for Nov. 15, 2007. The issues on appeal go to the heart of DAC’s business operation: Whether, under the law, DAC can purchase reports from motor carriers about drivers without the drivers’ permission, and whether DAC can rely upon telephone calls between motor carriers to satisfy DAC’s legal obligation to maximize the accuracy of DAC reports.

The case could ultimately have an impact on virtually every driver on the road because of the extensive database that DAC has and the large number of motor carriers that subscribe to its services.