Reed v. Crst Expedited, Inc.MOTION to dismiss for failure to state a claim and Supporting Memorandum of LawM.D. Fla.May 17, 20171 UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA WALTER REED, on behalf of himself and on behalf of all others similarly situated Plaintiff, Case No. 8:17-cv-00199 v. TRUCKING CAREERS OF AMERICA, a foreign limited liability company, and CRST VAN EXPEDITED, INC., a foreign for profit company, Defendants. DEFENDANTS TRUCKING CAREERS OF AMERICA AND CRST VAN EXPEDITED, INC.’S MOTION TO DISMISS PLAINTIFF’S SECOND AMENDED COMPLAINT UNDER FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6) AND SUPPORTING MEMORANDUM OF LAW COMES NOW, Defendants, TRUCKING CAREERS OF AMERICA (“Trucking Careers”) and CRST VAN EXPEDITED, INC. (“CRST” and collectively, “Defendants”), by and through their undersigned counsel, and pursuant to Federal Rule of Civil Procedure 12(b)(6) hereby respectfully move this Honorable Court to enter an order dismissing, with prejudice, Counts I and II, against Trucking Careers, and Counts III through V, against CRST. In support, Defendants state: 1. Though already given two, additional opportunities to plead a cause of action against the Defendants, Plaintiff Walter Reed’s third attempt similarly falls short. Reed’s Fair Credit Reporting Act (“FCRA”) claims, when considered with his factual averments, are fatally deficient because the duties Plaintiff claims Trucking Careers breached are not attributable to that entity and because CRST did comply with the FCRA as demonstrated by Plaintiff’s own factual admissions and what is shown in black-and-white in the documents. This Court should Case 8:17-cv-00199-JDW-TBM Document 20 Filed 05/17/17 Page 1 of 18 PageID 126 2 dismiss, with prejudice, the Second Amended Complaint because nowhere in the 116 paragraph Complaint does Plaintiff state a cause of action nor, given what he alleges, will he be able to. 2. As against Trucking Careers, Plaintiff alleges two claims, found in Counts I and II: that this Defendant failed to make a proper disclosure that Trucking Careers would “cause to be procured” a consumer report for employment purposes under 15 U.S.C. § 1681b(b)(2)(B)(i) of the FCRA; and, that Trucking Careers failed to obtain authorization to cause a consumer report to be obtained under § 1681b(b)(2)(B)(ii). (See Pl.’s 2nd Am. Compl., Dkt. #10, (hereinafter, “Compl.”), ¶¶ 64-85.) 3. Both claims fail. Nowhere in the FCRA do these duties, as alleged, exist. Instead, Section 1681b(b)(2)(B)(i) requires that: [T]he person who procures the consumer report… shall provide to the consumer… notice that a consumer report may be obtained for employment purposes, and a summary of the consumer’s rights under section 1681m(a)(3). . . . 15 U.S.C. §1681b(b)(2)(B)(i) (emphasis added). Similarly, 15 U.S.C. §1681b(b)(2)(B)(ii) provides that the consumer “shall have consented … to the procurement of the report by that person” i.e., the “person who procures the consumer report” per §1681b(b)(2)(B)(i). 4. Quite simply, Trucking Careers had no duty to provide disclosures or to obtain consent from Plaintiff-given the plain terms of the FCRA-because such duties fall only on the “person” or company that procures the report. See id. And, by Reed’s own description of the factual milieu, he makes clear that Trucking Careers was not the party that procured his consumer report. (See e.g., Compl. ¶¶ 39, 41-42.) 5. Therefore, Trucking Careers had no notice or disclosure duties to Reed as explicitly provided for in 15 U.S.C. §1681b(b)(2)(B)(i). Claims under the FCRA do not lie as against Trucking Careers. It is not a proper defendant, and Counts I and II should be dismissed Case 8:17-cv-00199-JDW-TBM Document 20 Filed 05/17/17 Page 2 of 18 PageID 127 3 with prejudice. 6. As for CRST, Reed claims this Defendant violated 15 U.S.C. §1681b(b)(2)(A)(i) of the FCRA because, he alleges, this Defendant failed to satisfy the FCRA’s requirement to provide a disclosure document consisting “solely of the [FCRA] disclosure” (the “Standalone Disclosure Claim”). (Compl., ¶¶ 86-95.) He also alleges that CRST did not comply with §1681b(b)(2)(A)(ii) of the FCRA, claiming that, as a result of the failure to satisfy the FCRA’s standalone disclosure requirement, CRST did not obtain proper authorization to obtain his credit report (the “Authorization Claim”). (Id., ¶¶ 96-106.) 7. Since Reed admits CRST made disclosures but advances arguments that the format of the disclosures was insufficient, he puts those written disclosures squarely at issue; and, CRST attaches the disclosures hereto as Exhibit A. Even a cursory review of the FCRA disclosures in Exhibit A, signed by Plaintiff on June 27, 2016, demonstrates full compliance by CRST with the FCRA’s standalone disclosure requirement. (See Exh. A at 16.) Plaintiff’s Authorization Claim against CRST is premised solely on its Standalone Disclosure Claim (see Compl., ¶ 98); and, the failure of his Standalone Disclosure Claim similarly dooms his Authorization Claim. Counts III and IV should be dismissed with prejudice. 8. Finally, Plaintiff brings a claim under 15 U.S.C. § 1681b(b)(3)(A), in Count V, alleging that CRST used a consumer report to take “adverse action” against Plaintiff without providing a pre-adverse action notice (“Adverse Action Claim.”) (Compl., ¶¶ 107-116.) An Adverse Action claim under §1681b(b)(3)(A) requires that an adverse action be taken “based in whole or in part on the [consumer] report . . . .” 9. Plaintiff, once again, pleads himself out of court because he alleges not that an adverse action was taken against him based on the contents of a consumer report, but rather that Case 8:17-cv-00199-JDW-TBM Document 20 Filed 05/17/17 Page 3 of 18 PageID 128 4 he was terminated “because he had allegedly falsified his employment application.” (Compl., ¶ 50.) As a result, his Adverse Action claim should also be dismissed with prejudice for failure to state a claim. MEMORANDUM OF LAW Walter Reed’s third effort to allege a Fair Credit Reporting Act (“FCRA”) case against Trucking Careers and CRST fares no better than his earlier attempts. Instead, by Plaintiff’s own framing of the facts, he makes plain that this Court should dispose of his claims once-and-for-all. In his Second Amended Complaint (“Complaint”), Reed endeavors to plead five claims-two against Trucking Careers and three against CRST. Each is fatally deficient. First, the allegations against Trucking Careers, namely that Trucking Careers did not make proper FCRA disclosures or obtain proper authorization to procure Plaintiff’s credit report, fail from the outset. Per the plain terms of the FCRA, a consumer can only bring these claims against the entity that “procured” the consumer report, and Plaintiff nowhere alleges that Trucking Careers procured the consumer report. (Compare 15 U.S.C. §1681b(b)(2)(B)(i) with Compl., ¶¶ 39, 41- 42.) Simply put, Plaintiff pleads these claims against a party that cannot possibly be held liable under the statute. Indeed, Plaintiff alleges CRST, and not Trucking Careers, procured the consumer report. (Compl., ¶¶ 39, 41-42.) Any disclosure obligation for Trucking Careers never arose, and Counts I and II should be dismissed with prejudice. Second, given the clear text of the disclosures Reed claims are at issue-attached hereto as Exhibit A-Counts III and IV should similarly be dismissed with prejudice. The contents of the FCRA disclosures themselves flatly contradict Plaintiff’s allegations and demonstrate that CRST fully complied with the federal statute. Review of the disclosures in the context of the factual allegations unequivocally shows that CRST provided an adequate, separate FCRA Case 8:17-cv-00199-JDW-TBM Document 20 Filed 05/17/17 Page 4 of 18 PageID 129 5 disclosure and secured proper authorization. Finally, Plaintiff’s Count V, wherein he alleges CRST took “adverse action” against him by terminating his employment based on a consumer report and without first providing him pre-adverse action notice, is deficient. Reed explicitly pleads his termination did not result from the consumer report but rather because he “allegedly falsified his employment application.” (Compl., ¶ 50.) In short, Plaintiff has brought FCRA claims that never should have been brought in the first place because no FCRA violations in fact occurred. For these reasons, and those stated below, Plaintiff’s Complaint should be dismissed with prejudice. ALLEGATIONS IN PLAINTIFF’S COMPLAINT Plaintiff claims that on June 27, 2016, he applied for placement in a company-paid CDL training program through Trucking Careers, a company that recruits truck drivers. (Compl., ¶¶ 15, 36.) Reed alleges that on the next day, June 28, 2016, CRST-and CRST alone-“procured a consumer report on [him] without [his] knowledge or authorization.” (Id., ¶ 41.) Reed explains that CRST provided to him FCRA disclosures that “contained extraneous information, including but not limited to, purported blanket authorizations to release information and waivers of federal and state rights regarding private information.” (Id., ¶¶ 45-46.) Plaintiff also provides that the FCRA disclosure contained “extraneous information about state laws that did not apply to Plaintiff” and required him “to waive federally protected rights.” (Id., ¶¶ 46, 88.) In support, Reed regularly references these FCRA disclosures by CRST. (Id., ¶¶ 6, 45, 48.) Reed signed and dated FCRA forms, bearing CRST’s moniker, on June 27, 2016-the day before CRST procured his consumer report. (See Exh. A and Compl. ¶ 41.) Those FCRA disclosures are provided on separate pages from the rest of his application materials. (See Exh. A Case 8:17-cv-00199-JDW-TBM Document 20 Filed 05/17/17 Page 5 of 18 PageID 130 6 at 16.) The words, “waiver of federal and state rights” and “blanket authorizations,” are not on the pages. (Id.) The page is entitled “Disclosure and Authorization Forms.” (Id.) Plaintiff alleges that at some point after he began a training program sponsored by CRST at Janes Technical Institute (“J-Tech”), in Jacksonville, Florida, he was informed that CRST was terminating his employment because he had allegedly “falsified his employment application.” (Compl., ¶ 50.) Reed claims five violations of the FCRA. In Count I, he alleges that Trucking Careers failed to inform him that it would “cause to be procure[d] a consumer report” with respect to him in violation of 15 U.S.C. § 1681b(b)(2)(B)(i). (Compl., ¶¶ 64-73.) In Count II, he claims that because of this, Trucking Careers also failed to obtain his consent to procure a consumer report per 15 U.S.C. § 1681b(b)(2)(B)(ii). (Id., ¶¶ 74-85.) As for CRST, in Count III, Plaintiff alleges that the FCRA disclosures he received from CRST violated FCRA’s “standalone” disclosure requirement under 15 U.S.C.§ 1681b(b)(2)(A)(i) by including extraneous information. (Compl., ¶¶ 86-95.) In Count VI, he claims that because of the deficient disclosure, he never provided the proper authorization to CRST to procure his consumer report per 15 U.S.C. §1681b(b)(2)(A)(ii). (Id., ¶¶ 96-106.) Finally, in Count V, Plaintiff alleges that CRST took “adverse action” against him by dismissing him from its training program without first providing him a pre-adverse action notice per 15 U.S.C. § 1681b(b)(3)(A). (Compl., ¶¶ 107-116.) LEGAL STANDARD Federal Rule of Civil Procedure 12(b)(6) provides that a court shall grant a motion to dismiss where, “based upon a dispositive issue of law, the factual allegations of the complaint cannot support the asserted cause of action.” Intercoastal Realty, Inc. v. Tracy, 706 F. Supp. 2d Case 8:17-cv-00199-JDW-TBM Document 20 Filed 05/17/17 Page 6 of 18 PageID 131 7 1325, 1329 (S.D. Fla. 2010). “To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.” Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S. Ct. 1937 (2009); Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555-578, 127 S. Ct. 9155 (2007). In relevant part, the FCRA requires that employers: (1) provide proper notice that the employer may obtain a credit report regarding the applicant; (2) obtain authorization to obtain said report; and (3) provide prior notice if the employer decides to terminate the applicant’s employment based on the contents of that report. In order to plead FCRA causes of action against these Defendants, Reed must advance-but has not-factual allegations that plausibly implicate both companies. “Plausibility” requires more than mere “probability…it asks for more than a sheer possibility that a defendant has acted unlawfully.” Iqbal, 556 U.S. at 678-79, citing Fed. R. Civ. P. 8(a)(2). Assessment of plausibility requires a court to identify first the well- pleaded factual allegations by discarding the pleadings that are “no more than conclusions” and, then, with any remaining, well-pleaded factual allegations, consider whether they plausibly give rise to an entitlement of relief. See id., 556 U.S. at 679. Dismissal is proper when “the well-pleaded facts do not permit the court to infer more than the mere possibility of misconduct,” Iqbal, 556 U.S. at 679; and, when allegations are “not only compatible with, but indeed [are] more likely explained by lawful…behavior.” Twombly, 550 U.S. at 567, construed in Iqbal, 556 U.S. at 678. Indeed, “labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do.” Poggi v. Humana, Inc., Case No. 8:17-CV-433-T-24 MAP, 2017 WL 1322487, at *1 (M.D. Fla. Apr. 7, 2017), citing Twombly, 550 U.S. at 555. Case 8:17-cv-00199-JDW-TBM Document 20 Filed 05/17/17 Page 7 of 18 PageID 132 8 On a Rule 12(b)(6) motion, a court may consider not only the well-pleaded factual allegations but also “documents central to or referenced in the complaint…” La Grasta v. 1st Union Sec. Inc., 358 F.3d 840, 845 (11th Cir. 2004). And, “[w]hen the exhibits contradict the general and conclusory allegations of the pleading, the exhibits govern.” Griffin Indus., Inc. v. Irvin, 496 F.3d 1189, 1206 (11th Cir. 2007). Indeed, where the allegations of a complaint are contradicted by documentary evidence incorporated therein, the documents control. Id. at 1205- 06; see also James & Assocs. v. Bank of N.Y. Trust Co., Case No. 807CV239T27TBM, 2008 WL 186590, *5 (M.D. Fla. Jan. 18, 2008)(taking as true the contents of an extrinsic document over contradictory allegations in the Complaint). ARGUMENT All five of Plaintiff’s claims fail as a matter of law. Plaintiff’s FCRA claims against Trucking Careers should be dismissed because, per the plain terms of the FCRA, this Defendant cannot be held liable for any alleged failure to provide notice and obtain authorization for procurement of a consumer report by a wholly-different entity. Plaintiff’s FCRA claims against CRST are also unsuccessful because the actual disclosures provided to Plaintiff complied with the FCRA in all respects. And finally, Plaintiff’s “adverse action” claim against CRST under the FCRA fails because Plaintiff pleads himself out of court by alleging that his termination was not the result of information in his credit report, but rather because he allegedly lied on his employment application. I. Plaintiff’s Claims Against Trucking Careers, In Counts I And II, Should Be Dismissed Because The Plain Terms Of The FCRA Do Not Provide For Liability Against Trucking Careers. Plaintiff’s claims against Trucking Careers fail for the simple reason that Trucking Careers did not “procure” his consumer report, and the FCRA only allows for liability against the Case 8:17-cv-00199-JDW-TBM Document 20 Filed 05/17/17 Page 8 of 18 PageID 133 9 entity that “procures” a consumer report. Plaintiff’s claims against Trucking Careers arise from a section of the FCRA unique to the transportation industry. Specifically, the FCRA states that when a consumer is applying for a position over which the Secretary of Transportation has power, Sections 1681b(b)(2)(B)(i) & (ii) of the FCRA apply. 15 U.S.C. § 1681b(b)(2)(C). These sections differ from the FCRA’s more- commonly-litigated-disclosure provision. In pertinent part, here, the sections of the FCRA provide that: “the person who procures the consumer report” is the one to provide to the consumer “notice that a consumer report may be obtained for employment purposes;” and, the consumer “shall have consented…to the procurement of the report by that person.” 15 U.S.C. §1681 b(b)(2)(B)(i)-(ii) (emphasis added). In his Complaint, Reed alleges that: the job for which he was applying was in the trucking industry (Compl., ¶ 36); Trucking Careers was not the entity that procured any consumer report (id., ¶¶ 39-42, 87); and, he was not seeking employment with Trucking Careers as it was a recruiting and placement firm (id., ¶¶ 15, 36). In fact, Plaintiff alleges throughout his Complaint that it was CRST, and not Trucking Careers, that procured his consumer report. (See Compl., ¶¶ 39-42, 87.) Given the allegations, Trucking Careers does not have any duty under the FCRA to provide notice and obtain authorization; it cannot possibly be held liable for any alleged violations.1 1 One other issue regarding Plaintiff’s allegations should be addressed. Several times in his Complaint, Plaintiff alleges that Trucking Careers “procured or caused to be procured” his credit report. (Compl., ¶¶ 66-67). These allegations come where Plaintiff makes his recitation of the elements of his FCRA claim against Trucking Careers. (See id., ¶¶ 64-73.) This conclusory wording of “procured or…” is deficient, see Poggi, 2017 WL 1322487 at *1, and contradicted by the specific allegations that CRST (not Trucking Careers) procured the only consumer report at issue. When faced with general allegations and more specific allegations, a court must not “igno re specific factual details of the pleading in favor of general or conclusory allegations.” Griffin Indus., Inc., 496 F.3d at 1205-06. In this way, any vague claim that Trucking Careers procured a report should be disregarded. Case 8:17-cv-00199-JDW-TBM Document 20 Filed 05/17/17 Page 9 of 18 PageID 134 10 Since Plaintiff has not named the proper party under this subsection of the FCRA, his claims, in Counts I and II, against Trucking Careers fail as a matter of law and should be dismissed with prejudice. II. Plaintiff’s Claims Against CRST, In Counts III And IV, Should Be Dismissed Because The FCRA Disclosures Provided To Plaintiff Fully Comply With The FCRA. Plaintiff’s Standalone Disclosure Claim and Authorization Claim, pursuant to FCRA and as alleged against CRST, are baseless and should be dismissed under Federal Rule of Civil Procedure 12(b)(6). The actual FCRA disclosures provided to Plaintiff, which are incorporated into the Complaint, demonstrate that no violation of the FCRA’s “standalone” disclosure requirement occurred, and that Plaintiff properly authorized CRST to procure his consumer report. These disclosures not only establish that no FCRA violation occurred, they also show that the allegations made by Plaintiff about the contents of the disclosure are simply not true. As a result, Plaintiff’s claims against CRST should be dismissed with prejudice. A. This Court May Consider The Contents Of CRST’s FCRA Disclosures On A Motion To Dismiss Because Plaintiff Makes The Disclosures The Centerpiece Of His Complaint. A defendant may use a document in a Rule 12(b)(6) motion to dismiss, and not convert that motion into one for summary judgment, where the document (1) is referred to by the plaintiff in his complaint; (2) is central to the plaintiff's claim and (3) the authenticity of the document is not challenged. Day v. Taylor, 400 F.3d 1272, 1276 (11th Cir. 2005); see also Brooks v. Blue Cross & Blue Shield of Florida, Inc., 116 F.3d 1364, 1368-69 (11th Cir. 1997) (“However, where the plaintiff refers to certain documents in the complaint and those documents are central to the plaintiff's claim, then the Court may consider the documents part of the pleadings for purposes of Rule 12(b)(6) dismissal . . .”) Case 8:17-cv-00199-JDW-TBM Document 20 Filed 05/17/17 Page 10 of 18 PageID 135 11 Reed’s allegations in his Complaint confirm that CRST’s FCRA disclosures, which were provided to Plaintiff, can be considered at this juncture. Although Plaintiff does not attach the allegedly inadequate document to his Complaint, he makes numerous references to it, such as stating that he was provided “the company’s FCRA disclosure and authorization forms.” (Compl., ¶ 44). Because Plaintiff refers to CRST’s disclosures in his Complaint, and because those disclosures are “central” to his FCRA claim-and in fact are indispensable to his FCRA claim-they may be and should be considered by the Court at this stage. B. CRST Has Fully Complied With FCRA’s Standalone And Authorization Requirements Such That Counts III And IV Should Be Dismissed. In Counts III and IV, Plaintiff complains that CRST did not comply with the federal statute’s “standalone” disclosure requirement and further alleges that, because of that deficiency, he never provided the proper authorization to CRST. These claims are baseless. 1. FCRA’s “Standalone” Disclosure Requirements Allow For A Description Of The Nature And Scope Of The Consumer Reports; And, Therefore, CRST Has Complied Fully With This Requirement. FCRA disclosures must meet three elements: (1) the disclosures must be “clear and conspicuous”; (2) the document must consist “solely of the disclosure”; and (3) the disclosure must inform the person that a consumer report may be obtained for employment purposes. The pertinent Section of the FCRA at issue states as follows: Except as provided in subparagraph (B), a person may not procure a consumer report, or cause a consumer report to be procured, for employment purposes with respect to any consumer, unless- (i) a clear and conspicuous disclosure has been made in writing to the consumer at any time before the report is procured or caused to be procured, in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes; Case 8:17-cv-00199-JDW-TBM Document 20 Filed 05/17/17 Page 11 of 18 PageID 136 12 15 U.S.C. § 1681b(b)(2)(A)(i) (emphasis added). Plaintiff complains CRST violated this section because, although the company provided Reed a disclosure in writing before a report was allegedly procured, the document did not consist “solely of the disclosure.” (Compl., ¶¶ 88.) This claim is not well-grounded. Though undefined in the FCRA, certain courts, as well as the FTC, have fashioned the contours of what is meant by this phrase. See Just v. Target Corp., 187 F. Supp. 3d 1064, 1069-70 (D. Minn. 2016); Martin v. Fair Collections & Outsourcing, Inc., Case No. GJH-14-3191, 2015 WL 4064970, at *3 (D. Md. June 30, 2015). Specifically, the FCRA’s “standalone” disclosure requirement has been read as follows: that some additional information, above and beyond informing individuals that their “consumer report may be obtained for employment purposes,” may be included in the disclosures. See Schoebel v. Am. Integrity Ins. Co. of Florida, Case No. 8:15-CV-380-T-24 AEP, 2015 WL 3407895, at *8 (M.D. Fla. May 27, 2015)(“Clearly, ‘solely’ in the statute does not actually mean that the disclosure sentence is the only information that can be contained in the disclosure document . . . .”); Burghy v. Dayton Racquet Club, Inc., 695 F. Supp. 2d 689, 699 (S.D. Ohio 2010) (stating that “Including [] explanatory language alongside the [FCRA] disclosure language is logical. . . .”); Just, 187 F. Supp. 3d at 1067-68. Moreover, in addition to notifying the individual of the procurement of a consumer report for employment purposes, the following types of information are permissible for inclusion in FCRA disclosures: A description of the contents and nature of the consumer report that is being procured. Coleman v. Kohl's Dep’t Stores, Inc., Case No. 15-CV-02588-JCS, Case 8:17-cv-00199-JDW-TBM Document 20 Filed 05/17/17 Page 12 of 18 PageID 137 13 2015 WL 5782352, at *2 (N.D. Cal. Oct. 5, 2015); Burghy, 695 F. Supp. 2d at 699; Just, 187 F. Supp. 3d at 1067-68;2 A notification that the individual has the right to request and/or dispute the consumer report. Just, 187 F. Supp. 3d at 1067-68; FTC Staff Opinion Letter to Willner, 1999 WL 33932153, at *2 (Mar. 25, 1999); Coleman, 2015 WL 5782352, at *2; The name of the company generating the consumer report. Coleman, 2015 WL 5782352, at *2; Cf Tauriainen v. Great Lakes Wine & Spirits, LLC, Case No. 2:15-CV-12789, 2015 WL 12698403, at *3 (E.D. Mich. Dec. 31, 2015).; and The authorization form to be signed by the individual authorizing the procurement of the consumer report. Schoebel, 2015 WL 3407895, at *8 (citing 15 U.S.C. § 1681b(b)(2)(A) (ii)). Allowing the inclusion of this information in FCRA disclosures is appropriate because it does not detract from understanding the purpose of the disclosures and, in fact, is important to aiding individuals in understanding exactly what they are authorizing released. Burghy, 695 F. Supp. 2d at 699 (“After all, one cannot meaningfully authorize her employer to take an action if she does not grasp what that action entails”); FTC Staff Opinion Letter to Willner, 1999 WL 33932153, at *2 (Mar. 25, 1999) (noting that inclusion of explanation of information gathered in consumer report, and right to request disclosure of report, would “enhance” the required disclosure). With these contours in mind, an examination of the actual disclosures provided to Plaintiff demonstrates that CRST’s disclosures comply with the FCRA. 2 See also FTC Staff Opinion Letter to Willner, 1999 WL 33932153, at *2 (Mar. 25, 1999) (“We believe that a limited Section 606(a) disclosure would also be permissible, on the same theory. For example: ‘A consumer report may be obtained on you for employment purposes. It may be an ‘investigative consumer report” that includes information as to your character, general reputation, personal characteristics and mode of living. You have a right to request disclosure of the nature and scope of the report, which involves personal interviews with sources such as your neighbors, friends, or associates.’ ”); FTC Staff Opinion Letter to Coffey, 1998 WL 34323748, at *2 (Feb. 11, 1998) (“some additional information, such as a brief description of the nature of the consumer reports covered by the disclosure, may be included if the information does not confuse the consumer or detract from the mandated disclosure.”). Case 8:17-cv-00199-JDW-TBM Document 20 Filed 05/17/17 Page 13 of 18 PageID 138 14 2. The Allegations Of Plaintiff’s Complaint Are Contradicted By CRST’s FCRA Disclosures And Cannot Support His FCRA Claims Against CRST. Here, the FCRA disclosures and the FCRA authorization form provided to Plaintiff show CRST’s compliance with the federal statute. Initially, the FCRA disclosures are presented to Plaintiff on a single, standalone page titled “Disclosure and Authorization Forms- Disclosure Regarding Background Investigation.” (Ex. A at 16.) This page contains short paragraphs in legible font. (Id.) The bottom of the page bears Plaintiff’s printed name, signature, social security number, and the date on which he signed the disclosure. (Id.) Likewise, the FCRA authorization form provided to Plaintiff does not contain any waiver of liability or any description of state-specific disclosures3. (Id.) In fact, a liability waiver appears nowhere in any of the materials provided to Plaintiff. Moreover, the paragraphs in the disclosures comply with the FCRA’s standalone disclosure requirement. The first paragraph of the disclosures informs Plaintiff that CRST may request a consumer report for employment purposes; this disclosure is explicitly mandated by the FCRA. See 15 U.S.C. § 1681b(b)(2)(A)(i). The second paragraph describes the name of the credit reporting agency that will obtain the credit report. This is also properly included in the disclosures. See Coleman, 2015 WL 5782352, at *2; Cf Tauriainen, 2015 WL 12698403, at *3. The third and fourth paragraphs describe the content and nature of the consumer reports. Both courts and the FTC have held that this is proper. Coleman, 2015 WL 5782352, at *2; Burghy, 695 F. Supp. 2d at 699; Just, 187 F. Supp. 3d at 1067-68; see also FTC Staff Opinion Letter to Willner, 1999 WL 33932153, at *2 (Mar. 25, 1999); FTC Staff Opinion Letter to 3 Though a separate page provided to Plaintiff does include additional state law notices (id. at 17), it is permissible for a potential employer to provide additional materials to individuals on separate pages without running afoul of the FCRA, so long as the FCRA disclosure appears on its own page. Coleman, 2015 WL 5782352, at *5-6. Case 8:17-cv-00199-JDW-TBM Document 20 Filed 05/17/17 Page 14 of 18 PageID 139 15 Coffey, 1998 WL 34323748, at *2 (Feb. 11, 1998). And, the fifth paragraph of the disclosure informs Plaintiff of his right to obtain the consumer report-also a proper topic of FCRA disclosures. Just, 187 F. Supp. 3d at 1067-68; Coleman, 2015 WL 5782352, at *2; FTC Staff Opinion Letter to Willner, 1999 WL 33932153, at *2 (Mar. 25, 1999). Importantly, under Eleventh Circuit law, the contents of CRST’s disclosures control over contradictory allegations in Plaintiff’s Complaint. Griffin Indus., Inc., 496 F.3d at 1206; James & Assocs., 2008 WL 186590, at *5; Taylor v. Conexis, Case No. 8:11-CV-1635-T-17TBM, 2012 WL 1805496, at *1-2 (M.D. Fla. May 17, 2012). Given this, the Court should not credit Plaintiff’s contradictory allegations over the disclosures themselves. CRST’s disclosures fully comply with the FCRA’s “standalone” disclosure requirement. And, Reed’s allegation that CRST failed to obtain valid authorization are grounded, solely, on this claim that the disclosure was not “standalone.” (See Compl. ¶¶ 98, 100, 103.) The deficiency of the one (Count III) eviscerates the other (Count IV). Overall and at a minimum, Plaintiff’s FCRA claims of any willful violation of the statute should be dismissed or stricken with prejudice. It is clear that no such infractions occurred because, given the authorities cited herein, neither Trucking Careers’ nor CRST’s actions were based on an objectively unreasonable interpretation of the FCRA. Therefore, the Court should dismiss Counts III and IV. III. Plaintiff’s Adverse Action Claim In Count V Should Be Dismissed Because Reed’s Complaint Fails To Allege Any Adverse Action Taken “Based In Whole Or Part” On Any Credit Report. Plaintiff’s final claim-Count V-is that CRST used a consumer report to take “adverse employment action” against him, without first providing a “pre-adverse action notice, a copy of the consumer report, and a summary of rights,” in violation of 15 U.S.C. §1681b(b)(3)(A). Case 8:17-cv-00199-JDW-TBM Document 20 Filed 05/17/17 Page 15 of 18 PageID 140 16 (Compl., ¶ 109.) Plaintiff, however, pleads himself out of Court, as he alleges in his Complaint that his employment was terminated because he falsified his employment application in some way. (Id. ¶ 50.) Because of this, he cannot satisfy the elements of his adverse action claim. The section of the FCRA dealing with adverse action states as follows: (A) In general Except as provided in subparagraph (B), in using a consumer report for employment purposes, before taking any adverse action based in whole or in part on the report, the person intending to take such adverse action shall provide to the consumer to whom the report relates- (i) a copy of the report; and (ii) a description in writing of the rights of the consumer under this subchapter, as prescribed by the Bureau under section 1681g(c)(3) of this title. 15 U.S.C. §1681b(b)(3)(A)(i)-(ii) (emphasis added). Per the terms of the statute, the duty to provide a copy of the report, and description of consumer rights, is only triggered if adverse action is taken based on the consumer report. Yet, the pertinent section of Plaintiff’s Complaint where Reed describes the alleged “adverse action” taken against him provides: After Plaintiff had been attending J-Tech for over one week, a J-Tech employee informed Plaintiff that CRST was terminating his employment because he had allegedly falsified his employment application. Consequently, Plaintiff was informed could [sic] not remain in the J-Tech company paid training program. (Compl., ¶ 50.) Plaintiff then supplies, without pleading any additional, specific facts, boilerplate averments that action was taken based on information contained in a consumer report. (Id. ¶¶ 51- 52, 108.) Given the directives of Twombly and Iqbal, these formulaic recitations should be rejected as they are “no more than conclusions.” See Iqbal, 556 U.S. at 679. The well-pleaded factual allegations are that Reed was sent home for falsification of his employment application, a basis for action that is not covered by 15 U.S.C. §1681b(b)(3)(A) of the FCRA. Further, Plaintiff Case 8:17-cv-00199-JDW-TBM Document 20 Filed 05/17/17 Page 16 of 18 PageID 141 17 provides no plausible facts about the “consumer report” CRST supposedly relied upon or what information was contained in the report that was supposedly used to take adverse action. Instead, the only factual allegation Plaintiff makes regarding his termination was the falsifying of his employment application. (Compl., ¶ 50.) Plaintiff fails to plead facts that CRST relied on a consumer report to take adverse action against him. Instead, he relies on conclusory allegations that parrot the elements of the statute to make out his claim. Because of this, Plaintiff’s adverse-action claim fails, and should be dismissed with prejudice. WHEREFORE, Defendants TRUCKING CAREERS OF AMERICA and CRST VAN EXPEDITED, INC. respectfully request that this Court enter an order dismissing the Plaintiff’s Second Amended Complaint with prejudice and grant such other relief as the Court deems just and appropriate, including dismissal of any willful violation claims, with prejudice. Respectfully submitted, __/s/ Shylie A. Bannon Shylie A. Bannon, Esquire (67886) SBannon@wickersmith.com WICKER SMITH O’HARA McCOY & FORD 50 N. Laura Street, Suite 2700 Jacksonville, FL 32202 Telephone: (904) 355-0225 Facsimile: (904) 355-0226 and Molly A. Arranz, Esq. (pro hac vice) SMITHAMUNDSEN LLC 150 N. Michigan Ave., Suite 3300 Chicago, IL 60601 Telephone: (312) 894-3200 Fax: (312) 894-3210 E-Mail: Marranz@salawus.com Attorneys for Trucking Careers of America, LLC & CRST Van Expedited, Inc. Case 8:17-cv-00199-JDW-TBM Document 20 Filed 05/17/17 Page 17 of 18 PageID 142 18 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was filed with the Clerk of Court using the CM/ECF system on May 17, 2017, and the foregoing document is being served this day on all counsel or parties of record on the Service List below, either via transmission of Notices of Electronic Filing generated by CM/ECF or in some other authorized manner for those counsel or parties who are not authorized to receive Notices of Electronic Filing. _/s/Shylie A. Bannon____ Shylie A. Bannon, Esquire SERVICE LIST Marc R. Edelman, Esquire Morgan & Morgan, P.A. - Tampa One Tampa City Center 201 N. Franklin Street, Suite 700 Tampa, FL 33602 Telephone: (813) 223-5505 Facsimile: (813) 257-0572 MEdelman@forthepeople.com Case 8:17-cv-00199-JDW-TBM Document 20 Filed 05/17/17 Page 18 of 18 PageID 143 Exhibit A Case 8:17-cv-00199-JDW-TBM Document 20-1 Filed 05/17/17 Page 1 of 25 PageID 144 CRST Expedited (ER) 3930 16th Avenue SW Cedar Rapids, IA 52404 800-553-2778 06-27-2016 5:27:48PM CDT IntelliApp (ER) Thank you for your interest in CRST. To apply for a driving position, please complete our online application for employment. Incomplete information will delay the processing of your application or prevent it from being submitted. Applicants are considered for positions without regard to race, color, creed, age, sex, disability, or national origin. Personal Information Referral Code: outside_srs Name Walter Mack Reed, III Residence 3 years or longer (If No, previous addresses shown below) No Address 9940 7th Way North - Apt. 202 City, State/Province Zip/Postal St. Petersburg, FL 33702 Country United States Addresses Over last 3 years Address 1 SSN/SIN Date of Birth Primary Phone Preferred method of contact Primary Phone Best time to contact you Any Email Yes, I want to receive information and communications from CRST Expedited (ER) concerning future opportunities or promotions. Yes Yes 1 Case 8:17-cv-00199-JDW-TBM Document 20-1 Filed 05/17/17 Page 2 of 25 PageID 145 Yes, I want to receive text messages from CRST Expedited (ER). *By participating, you consent to receive text messages sent by an automatic telephone dialing system. Consent to these terms is not a condition of hire. You may opt out at any time by texting STOP to unsubscribe. Message and Data Rates May Apply. Company Questions By my signature at the end of this application, I confirm that I have read the Consumer Reports Disclosure and Authorization Documents. Yes OVER-THE-ROAD DRIVER JOB DESCRIPTION An over-the-road driver must be able to pick up, transport and deliver product in a safe, professional, courteous and timely manner, driving a semi-tractor in the contiguous 48 states, with up to a 53' trailer. The driver is the single direct contact responsible for good public relations with the motoring public and with existing and prospective clients and customers. The driver must be able to communicate orally and in writing with others including company representatives, fellow drivers, and customers. The driver must be able to read, write and do basic math to properly complete bills of lading, tripsheets, logs, accident, and cargo claims paperwork. The driver must be able to read and understand maps. The driver must know and understand Department of Transportation rules and regulations pertaining to over-the-road drivers, equipment, and cargo listed in the Federal Motor Carrier Safety Regulations. The driver must understand and comply with company policies and procedures. The driver must have a basic mechanical knowledge of a tractor/trailer. The driver must be able to perform DOT equipment inspections, hook/unhook trailers, and enter and exit the tractor and trailer. The driver must be able to shift manual transmission engines, control the steering wheel, operate the brake and accelerator pedals, and be able to back and park a tractor-trailer unit. The driver must have a long history of honesty; display safe behaviors at all times and have the ability to get along with others. Felony convictions involving safety, drugs or alcohol, or crimes against persons may disqualify you from consideration for a driving position with CRST. The driver must meet DOT standards for physical exam, drug test, and commercial drivers' license as well as company standards. The driver must be able to drive up to a 10 hour shift and up to 70 hours per week. In the coast-to-coast team operation, the driver must work effectively with their co-driver to perform their job responsibilities while working relatively long hours and performing repetitive work in a tractor. This may require the driver to be away from home 21 days or more at a time, work with variable work/rest cycles due to frequent deadlines and meeting delivery schedules, be exposed to environmental extremes, and encounter OVER-THE-ROAD DRIVER JOB DESCRIPTION 2 Case 8:17-cv-00199-JDW-TBM Document 20-1 Filed 05/17/17 Page 3 of 25 PageID 146 day-to-day stressful situations. Drivers on occasion must load and unload trailers handling weights of up to 75 pounds and be able to mount snow chains on tires. Drivers may be required to use loading/unloading devices such as electric floor jacks and hand dollies. This job description is intended to accurately state the working conditions and the tasks that must be performed for this job. However, the description is not an exhaustive list and the driver may be required to perform other tasks or other work from time to time as assigned to the driver by his supervisor or management. Have you reviewed the job description above? Yes Have the requirements of the job been explained to you? Yes Do you understand the requirements? Yes Can you perform the requirements of this job with or without reasonable accommodation? Yes General Information How did you hear about CRST? Other Please be specific (i.e., if from a magazine, put the magazine name here): SRS/J. McCormack Were you referred by a CRST Driver? No Please list the CRST Employee's name, terminal and ID#, if you have it: If you have spoken with a CRST recruiter, please select his/her name: CRST Position Descriptions Company Driver: Student and Experienced Drivers interested in joining CRST.• Lease Purchase: Drivers interested in CRST's lease purchase program.• Owner Operator: Owner Operators interested in joining CRST.• What type of position are you applying for? Company Driver Are you interested in driving Team? Yes Have you recently graduated from a trucking school? If yes, list the school and date of graduation, length of trailer, and transmission type. Have you ever been known by any other name? No List all names: Can you speak English? Yes Can you read English? Yes General Information 3 Case 8:17-cv-00199-JDW-TBM Document 20-1 Filed 05/17/17 Page 4 of 25 PageID 147 Can you write English? Yes Can you legally work in the United States? Yes Do you have an "Airbrake" endorsement? No How many years have you had a valid driver's license? 38 years License, MVR and Criminal Record Information Have you ever been disqualified to drive by Federal Regulations? Have you ever been refused liability insurance? Have you ever tested positive or refused a drug or alcohol test. Do you have any outstanding or pending arrest warrants against you? If you answered Yes to any of the above questions, please give details; otherwise, enter NONE: Do you have a current DOT physical? No Are you currently an ACTIVE service member in National Guard, Reserve or Active Duty for any branch of the armed services? No Do you have PREVIOUS military experience? No Licenses Please enter all licenses you have held in the past. License Number State/Province FL Country United States License Class License Expiration Date Physical Expiration Date Current License Yes Commercial Driver License No Endorsements Tanker Endorsement No HAZMAT Endorsement No License, MVR and Criminal Record Information 4 Case 8:17-cv-00199-JDW-TBM Document 20-1 Filed 05/17/17 Page 5 of 25 PageID 148 X Endorsement No Doubles Triples Endorsement No Other Endorsement No Employment / Unemployment Campbell Import Auto Repair Company Campbell Import Auto Repair Start Date 06-2016 End Date 06-2016 Address City, State/Province Zip/Postal St. Petersburg, FL Country United States Phone 727-492-4564 Position Held Mech. Asst. Reason for leaving? Were you terminated/discharged/laid off? Is this your current employer? Yes May we contact this employer at this time? Yes Did you operate a commercial motor vehicle? No Were you subject to the Federal Motor Carrier or Transport Canada Safety Regulations while employed/contracted by this employer/contractor? Did you perform any safety sensitive functions in this job subject to drug and alcohol testing? Areas Driven Miles driven weekly Pay Range (cents/mile) Most common truck driven Most common trailer Trailer length Unemployment Start Date End Date License, MVR and Criminal Record Information 5 Case 8:17-cv-00199-JDW-TBM Document 20-1 Filed 05/17/17 Page 6 of 25 PageID 149 Comment Gehring Construction Company Gehring Construction Start Date 10-2013 End Date 05-2014 Address City, State/Province Zip/Postal Tampa, FL Country United States Phone 813-968-8986 Position Held Laborer Reason for leaving? Were you terminated/discharged/laid off? No Is this your current employer? No May we contact this employer at this time? Yes Did you operate a commercial motor vehicle? No Were you subject to the Federal Motor Carrier or Transport Canada Safety Regulations while employed/contracted by this employer/contractor? Did you perform any safety sensitive functions in this job subject to drug and alcohol testing? Areas Driven Miles driven weekly Pay Range (cents/mile) Most common truck driven Most common trailer Trailer length Unemployment Start Date End Date Comment Phillips Installation Company Phillips Installation License, MVR and Criminal Record Information 6 Case 8:17-cv-00199-JDW-TBM Document 20-1 Filed 05/17/17 Page 7 of 25 PageID 150 Start Date 08-2012 End Date 12-2012 Address City, State/Province Zip/Postal Springhill, FL Country United States Phone 727-534-3812 Position Held Marble Installer Reason for leaving? Were you terminated/discharged/laid off? No Is this your current employer? No May we contact this employer at this time? Yes Did you operate a commercial motor vehicle? No Were you subject to the Federal Motor Carrier or Transport Canada Safety Regulations while employed/contracted by this employer/contractor? Did you perform any safety sensitive functions in this job subject to drug and alcohol testing? Areas Driven Miles driven weekly Pay Range (cents/mile) Most common truck driven Most common trailer Trailer length Motor Vehicle Record 1. Has any license, permit or privilege ever been denied, suspended or revoked for any reason? Date Comment 2. Have you ever been convicted of driving during license suspension or revocation, or driving without a valid license or an expired license, or are any charges pending? No License, MVR and Criminal Record Information 7 Case 8:17-cv-00199-JDW-TBM Document 20-1 Filed 05/17/17 Page 8 of 25 PageID 151 3. Have you ever been convicted for any alcohol or controlled substance related offense while operating a motor vehicle, or are any charges pending? No 4. Have you ever been convicted for possession, sale or transfer of an illegal substance (including but not limited to, marijuana, amphetamines, or derivatives thereof) while on duty, or are any charges pending? No 5. Have you ever been convicted of reckless driving, careless driving or careless operation of a motor vehicle, or are any charges pending? No 6. Have you ever tested positive, or refused to test on a pre-employment drug or alcohol test by an employer to whom you applied, but did not obtain safety-sensitive transportation work covered by DOT agency drug and alcohol testing rules in past three years, or have you ever tested positive or refused to test on any DOT-mandated drug or alcohol test? No Vehicle Accident Record Were you involved in any accidents/incidents with any vehicle in the last 5 years (even if not at fault)? No Accidents Traffic Convictions \ Violations Have you had any moving violations or traffic convictions in the past 3 years? No Violations Criminal Record Have you ever been convicted of a crime? Comment Do you have any deferred prosecutions? No Do you have criminal charges pending? No License, MVR and Criminal Record Information 8 Case 8:17-cv-00199-JDW-TBM Document 20-1 Filed 05/17/17 Page 9 of 25 PageID 152 Have you ever pled "guilty" to, been convicted of, or pled "no contest" to a felony? Comment If you have any felony convictions, do you currently hold a minister's permit to enter or exit Canada? No Have you ever pled guilty to, been convicted of, had prosecution deferred in connection with, or pled no contest to a misdemeanor? No Federal FCRA Summary of Rights Acknowledgment By checking this box, I acknowledge that I have read and understand the Summary of Rights. Yes Drug and Alcohol Release I agree with the above language Yes Certification Release I agree with the above language Yes PSP Release I agree with the above language Yes By my check of this box, I represent that I understand and agree to the above and that I intend to execute this document by electronic signature in checking this box. Yes Signature Full Name Walter Mack Reed, III IP Address Signature Date/Time 06-27-2016 5:27 PM License, MVR and Criminal Record Information 9 Case 8:17-cv-00199-JDW-TBM Document 20-1 Filed 05/17/17 Page 10 of 25 PageID 153 This certifies that this application was completed by me, and that all entries on it and information in it are true and complete to the best of my knowledge. Signed Date: 06-27-2016 5:27 PM Signed: License, MVR and Criminal Record Information 10 Case 8:17-cv-00199-JDW-TBM Document 20-1 Filed 05/17/17 Page 11 of 25 PageID 154 TO BE READ AND SIGNED BY APPLICANT This application for employment and any resulting conditional job offer or contract of hire shall be deemed to be completed and executed in the state of Iowa. It is agreed and understood that any misrepresentations of any information by applicant shall be considered an act of dishonesty and may subject applicant to immediate discharge if hired. It is agreed and understood that the employer or his agents may investigate the applicant's background to ascertain any and all information of concern to applicant's record, including all information on my Alcohol and Controlled Substance Testing/Training Records, whether same is of record or not, and applicant releases former and/or current employers named herein from all liability for any damages for furnishing such information. It is understood that the information in this application will be used and that prior employers will be contacted for purposes of investigation as required by the motor carrier safety regulations. I further release and agree to hold harmless any previous or current employer as well as any employee, agent, or representative thereof from all liability of damage that may arise from the release of these results. I agree to furnish such additional information and complete such examinations as may be required to complete my employment file. (MA) - An applicant for employment with a sealed record on file with the commissioner of probation may answer 'no record' with respect to any inquiry herein relative to prior arrests, criminal court appearances or convictions. An applicant for employment with a sealed record on file with the commissioners of probation may answer 'no record' with respect to any inquiry relative to prior arrests, court appearances and adjudications in all cases of delinquency or as a child in need of services which did not result in a complaint transferred to the superior court for criminal prosecution. (PA) - I authorize my employer to obtain from the Registry of Motor Vehicles a copy of my Motor Vehicle Violations Record. It is understood that this application for employment and any conditional offer of employment in no way obligates the employer to employ me, and it is understood that, if hired, my employment is "at will." The terms of my at-will employment can only be changed by written contract, signed by an officer of CRST. I agree that any compensation as a result of a worker compensation injury or illness shall be governed by and paid according to the benefits schedule provided by the state of Iowa. It is agreed that the applicant, by presenting the application for employment, represents that the statements given by the applicant to the information requested in the application are true, correct and complete, and that any false, misleading or incomplete statements of the information requested in this application shall be sufficient grounds for discharge if employed. It is agreed and understood that as a condition of employment, all drivers will be subject to drug/alcohol testing and a physical examination. I affirm that I have a genuine interest and no other purposes in applying for a job with the company. I hereby certify I possess only a driver's license for the state of my residence and have returned all other(s) I may have possessed to the state(s) of issuance. FMCSA Notification of Driver Rights Under 49 CFR 391.23, you have the following rights regarding your employment history as a Department of Transportation regulated employee as the driver of a commercial motor vehicle or as someone employed in a safety-sensitive function that required alcohol and drug testing as specified by 49 CFR 40, as that information is provided by previous employers to CRST as a prospective employer under this regulation: you have the right to review information provided by previous employers;• you have the right to have errors in the information corrected by the previous employer and for that previous employer to re-send the corrected information to prospective employers; and • you have the right to have a rebuttal statement attached to the alleged erroneous information, if one of your previous employers and you cannot agree on the accuracy of the information • If you have previous DOT regulated employment history in the three years preceding your application to CRST and wish to review previous employer-provided investigative information, you must submit a written request to CRST. This may be done at any time, including when applying to CRST, but no later than 30 days after being employed by CRST or being notified of denial of employment by CRST. CRST will provide the requested information to you within five business days of receiving the written request. If CRST has not yet received the requested information from your previous employer, then the five day deadline will begin when the requested safety performance history information is received. If you have not arranged to pick up or receive the requested records within 30 days of CRST making the records available to you, CRST may consider you to have waived your request to review the records. FMCSA Notification of Driver Rights 11 Case 8:17-cv-00199-JDW-TBM Document 20-1 Filed 05/17/17 Page 12 of 25 PageID 155 Printed Name: Walter Mack Reed, III Signed Date: 06-27-2016 Walter Mack Reed, III Gender: FMCSA Notification of Driver Rights 12 Case 8:17-cv-00199-JDW-TBM Document 20-1 Filed 05/17/17 Page 13 of 25 PageID 156 IMPORTANT DISCLOSURE REGARDING BACKGROUND REPORTS FROM THE PSP Online Service In connection with your application for employment with CRST ("Prospective Employer"), Prospective Employer, its employees, agents or contractors may obtain one or more reports regarding your driving, and safety inspection history from the Federal Motor Carrier Safety Administration (FMCSA). When the application for employment is submitted in person, if the Prospective Employer uses any information it obtains from FMCSA in a decision to not hire you or to make any other adverse employment decision regarding you, the Prospective Employer will provide you with a copy of the report upon which its decision was based and a written summary of your rights under the Fair Credit Reporting Act before taking any final adverse action. If any final adverse action is taken against you based upon your driving history or safety report, the Prospective Employer will notify you that the action has been taken and that the action was based in part or in whole on this report. When the application for employment is submitted by mail, telephone, computer, or other similar means, if the Prospective Employer uses any information it obtains from FMCSA in a decision to not hire you or to make any other adverse employment decision regarding you, the Prospective Employer must provide you within three business days of taking adverse action oral, written or electronic notification: that adverse action has been taken based in whole or in part on information obtained from FMCSA; the name, address, and the toll free telephone number of FMCSA; that the FMCSA did not make the decision to take the adverse action and is unable to provide you the specific reasons why the adverse action was taken; and that you may, upon providing proper identification, request a free copy of the report and may dispute with the FMCSA the accuracy or completeness of any information or report. If you request a copy of a driver record from the Prospective Employer who procured the report, then, within 3 business days of receiving your request, together with proper identification, the Prospective Employer must send or provide to you a copy of your report and a summary of your rights under the Fair Credit Reporting Act. Neither the Prospective Employer nor the FMCSA contractor supplying the crash and safety information has the capability to correct any safety data that appears to be incorrect. You may challenge the accuracy of the data by submitting a request to https://dataqs.fmcsa.dot.gov. If you challenge crash or inspection information reported by a State, FMCSA cannot change or correct this data. Your request will be forwarded by the DataQs system to the appropriate State for adjudication. Any crash or inspection in which you were involved will display on your PSP report. Since the PSP report does not report, or assign, or imply fault, it will include all Commercial Motor Vehicle (CMV) crashes where you were a driver or co-driver and where those crashes were reported to FMCSA, regardless of fault. Similarly, all inspections, with or without violations, appear on the PSP report. State citations associated with Federal Motor Carrier Safety Regulations (FMCSR) violations that have been adjudicated by a court of law will also appear, and remain, on a PSP report. The Prospective Employer cannot obtain background reports from FMCSA without your authorization. AUTHORIZATION If you agree that the Prospective Employer may obtain such background reports, please read the following and sign below: I authorize CRST ("Prospective Employer") to access the FMCSA Pre-Employment Screening Program (PSP) system to seek information regarding my commercial driving safety record and information regarding my safety inspection history. I understand that I am authorizing the release of safety performance information including crash data from the previous five (5) years and inspection history from the previous three (3) years. I understand and acknowledge that this release of information may assist the Prospective Employer to make a determination regarding my suitability as an employee. I further understand that neither the Prospective Employer nor the FMCSA contractor supplying the crash and safety information has the capability to correct any safety data that appears to be incorrect. I understand I may challenge the accuracy of the data by submitting a request to https://dataqs.fmcsa.dot.gov. If I challenge crash or inspection information reported by a State, FMCSA cannot change or correct this data. I understand my request will be forwarded by the DataQs system to the appropriate State for adjudication. I understand that any crash or inspection in which I was involved will display on my PSP report. Since the PSP report does not report, or assign, or imply fault, I acknowledge it will include all CMV crashes where I was a driver or co-driver and where those crashes were reported to FMCSA, regardless of fault. Similarly, I understand all inspections, with or without violations, will appear on my PSP report, and State citations associated with FMCSR violations that have been adjudicated by a court of law will also appear, and remain, on my PSP report. I have read the above Disclosure Regarding Background Reports provided to me by Prospective Employer and I understand that if I sign this Disclosure and Authorization, Prospective Employer may obtain a report of my crash and inspection history. I hereby authorize Prospective Employer and its employees, authorized agents, and/or affiliates to obtain the information authorized above. Printed Name: Walter Mack Reed, III Signed Date: 06-27-2016 FMCSA Notification of Driver Rights 13 Case 8:17-cv-00199-JDW-TBM Document 20-1 Filed 05/17/17 Page 14 of 25 PageID 157 TO BE READ AND SIGNED BY APPLICANT I AUTHORIZE WITHOUT RESERVATION, ANY PARTY OR AGENCY CONTACTED BY DAC AND/OR HIRERIGHT TO FURNISH THE ABOVE-MENTIONED INFORMATION WITH REGARD TO THIS APPLICATION FOR EMPLOYMENT. I have a right to make a request to DAC and/or HireRight, upon proper identification, of the nature and substance of all information provided with regard to the undersigned; and the names of the recipients of any reports about me which DAC and/or HireRight has previously furnished within the two-year period preceding my employment. I hereby authorize procurement of consumer report(s). If hired or contracted, this authorization shall remain on file and shall serve as ongoing authorization for you to procure consumer reports at any time during my employment or contract period. Printed Name: Walter Mack Reed, III Social Security #: Signed Date: 06-27-2016 Signed: FMCSA Notification of Driver Rights 14 Case 8:17-cv-00199-JDW-TBM Document 20-1 Filed 05/17/17 Page 15 of 25 PageID 158 TRUCK DRIVER TRAINING SCHOOL DISCLOSURE ATTENDANCE AT A PARTICULAR TRUCK DRIVER TRAINING SCHOOL IS NOT A CONDITION OF EMPLOYMENT AS A PROFESSIONAL TRUCK DRIVER AT CRST By signing below, the undersigned student expressly acknowledges that attending a particular driver-training school is not a condition of employment with CRST Expedited, Inc. ("CRST"), and that the student may attend any accredited driver-training school he or she chooses. CRST will not consider an application for employment until the individual obtains a valid CDL. Once the individual obtains a valid CDL, the individual may apply for employment and CRST will consider the application regardless of whether the driver received training at a particular driver-training school. Printed Name: Walter Mack Reed, III Social Security #: Signed Date: 06-27-2016 Signed: FMCSA Notification of Driver Rights 15 Case 8:17-cv-00199-JDW-TBM Document 20-1 Filed 05/17/17 Page 16 of 25 PageID 159 DISCLOSURE AND AUTHORIZATION FORMS Disclosure Regarding Background Investigation CRST Expedited, Inc. (the "Company") may request, for lawful employment purposes, background information about you from a consumer reporting agency in connection with your employment or application for employment. This background information may be obtained in the form of consumer reports and/or investigative consumer reports (commonly known as "background reports''). These background reports may be obtained at any time after receipt of your authorization and, if you are hired or engaged by the Company, throughout your employment or your contract period. HireRight Solutions, Inc. ("HireRight"), Explore Information Services, LLC ("Explore"), or another consumer reporting agency, will prepare or assemble the background reports for the Company. HireRight is located at and can be contacted by mail at 14002 E. 21st Street, Suite 1200, Tulsa, OK 74134; its phone number is (800) 381-0645; its email address is customerservice@hireright.com; and its website is hireright.com. Explore is located at and can be contacted by mail 2900 Lone Oak Parkway, Suite 140A, Eagan, MN 55121; its phone number is 800-531-9125; its fax number is 651-681-4476; its email address is explore.info@exploredata.com; and its web site is exploredata.com. The background reports may contain information concerning your character, general reputation, personal characteristics, mode of living, and credit standing. The types of information that may be obtained include, but are not limited to: social security number verifications; address history; credit reports and history; criminal records and history; public court records; driving records; accident history; worker's compensation claims; bankruptcy filings; educational history verifications (e.g., dates of attendance, degrees obtained); employment history verifications (e.g., dates of employment, salary information, reasons for termination, etc.); personal and professional references checks; professional licensing and certification checks; drug/alcohol testing results, and drug/alcohol history in violation of law and/or company policy; and other information bearing on your character, general reputation, personal characteristics, mode of living and credit standing. This information may be obtained from private and public record sources, including, as appropriate: government agencies and courthouses; educational institutions; former employers; personal interviews with sources such as neighbors, friends and associates; and other information sources. If the Company should obtain information bearing on your credit worthiness, credit standing or credit capacity for reasons other than as required by law, then the Company will use such credit information to evaluate whether you would present an unacceptable risk of theft or other dishonest behavior in the job for which you are being evaluated. Should the Company obtain a copy of your background reports, then you have the right to obtain a free copy of the background reports from HireRight or Explore or other consumer reporting agency within 60 days. You also have the right to dispute with HireRight or Explore or other consumer reporting agency the accuracy or completeness of any information in the background reports. A summary of your rights under the Fair Credit Reporting Act is also being provided to you. Additional state law notices have been provided to you. Printed Name: Walter Mack Reed, III Social Security #: Signed Date: 06-27-2016 Signed: FMCSA Notification of Driver Rights 16 Case 8:17-cv-00199-JDW-TBM Document 20-1 Filed 05/17/17 Page 17 of 25 PageID 160 ADDITIONAL STATE LAW NOTICES If you are a California, Maine, Massachusetts, Minnesota, New Jersey, New York or Washington State applicant, employee or contractor, please also note: CALIFORNIA: Pursuant to section 1786.22 of the California Civil Code, you may view the file maintained on you by HireRight and Explore during normal business hours. You may also obtain a copy of this file, upon submitting proper identification and paying the costs of duplication services, by appearing at HireRight's or Explore's offices in person, during normal business hours and on reasonable notice, or by certified mail. You may also receive a summary of the file by telephone, upon submitting proper identification and written request. HireRight and Explore have trained personnel available to explain your file to you, including any coded information, and will provide a written explanation of any coded information contained in your file. If you appear in person, you may be accompanied by one other person, provided that person furnishes proper identification. "Proper identification" includes documents such as a valid driver's license, social security account number, military identification card, and credit cards. If you cannot identify yourself with such information, HireRight or Explore may require additional information concerning your employment and personal or family history to verify your identity. MAINE: You have the right, upon request, to be informed of whether an investigative consumer report was requested, and if one was requested, the name and address of the consumer reporting agency furnishing the report. You may request and receive from the Company, within five business days of our receipt of your request, the name, address and telephone number of the nearest unit designated to handle inquiries for the consumer reporting agency issuing an investigative consumer report concerning you. You also have the right, under Maine law, to request and promptly receive from all such agencies copies of any such reports. MASSACHUSETTS: If we request an investigative consumer report, you have the right, upon written request, to a copy of the report. MINNESOTA: You have the right in most circumstances to submit a written request to the consumer reporting agency (e.g., HireRight or Explore) for a complete and accurate disclosure of the nature and scope of any consumer report the Company ordered about you. The consumer reporting agency must provide you with this disclosure within 5 days after its receipt of your request or the report was requested by the Company, whichever date is later. NEW JERSEY: You have the right to submit a request to the consumer reporting agency (e.g., HireRight or Explore) for a copy of any investigative consumer report the Company requested about you. A summary of your rights under the New Jersey Fair Credit Reporting Act is set out below. NEW YORK: You have the right, upon written request, to be informed of whether or not an investigative consumer report was requested. If an investigative consumer report is requested, you will be provided with the name and address of the consumer reporting agency furnishing the report. You may inspect and receive a copy of the report by contacting that agency. Also attached is additional information under Article 23-A of New York law. WASHINGTON STATE: If the Company requests an investigative consumer report, you have the right, upon written request made within a reasonable period of time after your receipt of this disclosure, to receive from the Company a complete and accurate disclosure of the nature and scope of the investigation requested by the Company. You also have the right to request from the consumer reporting agency a written summary of your rights and remedies under the Washington Fair Credit Reporting Act. FMCSA Notification of Driver Rights 17 Case 8:17-cv-00199-JDW-TBM Document 20-1 Filed 05/17/17 Page 18 of 25 PageID 161 Authorization of Background Investigation I have carefully read and understand the Disclosure and this Authorization form as well as the attached summary of rights under the Fair Credit Reporting Act. By my signature below, I consent to preparation of background reports by a consumer reporting agencysuch as HireRight (14002 E. 21st Street, Suite 1200, Tulsa, OK 74134; 800-381-0645; customerservice@hireright.com; hireright.com) or Explore (2900 Lone Oak Parkway, Suite 140A, Eagan, MN 55121; 800-531-9125 (phone); 651-681-4476 (fax); explore.info@exploredata.com; exploredata.com)and to the release of such background reports to the Company and its designated representatives and agents, for the purpose of assisting the Company in making a determination as to my eligibility for employment, promotion, retention, or for other lawful employment purposes. I understand that if the Company hires me or contracts for my services, my consent will apply, and the Company may obtain background reports, throughout my employment or contract period. I understand that information contained in my employment application, or otherwise disclosed by me before or during my employment, if any, may be used for the purpose of obtaining and evaluating background reports on me. I also understand that nothing herein shall be construed as an offer of employment or contract for services. I understand that the Company may obtain background reports that could contain information concerning my character, general reputation, personal characteristics, mode of living, and credit standing, and that I have the right to obtain a free copy of the background reports from HireRight or Explore, as applicable, within 60 days. I also understand that I have the right to dispute with HireRight or Explore, as applicable, the accuracy or completeness of any information in the background reports. I hereby authorize law enforcement agencies, learning institutions (including public and private schools and universities), information service bureaus, credit bureaus, record/data repositories, courts (federal, state and local), motor vehicle records agencies, my past or present employers, the military, and other individuals and sources to furnish any and all information on me that is requested by the consumer reporting agency. By my signature below, I also certify the information I provided on and in connection with this form is true, accurate and complete. I execute this authorization voluntarily and was given an opportunity to ask questions and to have those questions answered to my satisfaction. I agree that this form in original, faxed, photocopied or electronic (including electronically signed) form, will be valid for any background reports that may be requested by or on behalf of the Company. Printed Name: d, III Social Security #: Signed Date: 06-27-2016 Signed: FMCSA Notification of Driver Rights 18 Case 8:17-cv-00199-JDW-TBM Document 20-1 Filed 05/17/17 Page 19 of 25 PageID 162 TO BE READ AND SIGNED BY APPLICANT This application for employment and any resulting conditional job offer or contract of hire shall be deemed to be completed and executed in the state of Iowa. It is agreed and understood that any misrepresentations of any information by applicant shall be considered an act of dishonesty and may subject applicant to immediate discharge if hired. It is agreed and understood that the employer or his agents may investigate the applicant's background to ascertain any and all information of concern to applicant's record, including all information on my Alcohol and Controlled Substance Testing/Training Records, whether same is of record or not, and applicant releases former and/or current employers named herein from all liability for any damages for furnishing such information. It is understood that the information in this application will be used and that prior employers will be contacted for purposes of investigation as required by the motor carrier safety regulations. I further release and agree to hold harmless any previous or current employer as well as any employee, agent, or representative thereof from all liability of damage that may arise from the release of these results. I agree to furnish such additional information and complete such examinations as may be required to complete my employment file. (MA) - An applicant for employment with a sealed record on file with the commissioner of probation may answer 'no record' with respect to any inquiry herein relative to prior arrests, criminal court appearances or convictions. An applicant for employment with a sealed record on file with the commissioners of probation may answer 'no record' with respect to any inquiry relative to prior arrests, court appearances and adjudications in all cases of delinquency or as a child in need of services which did not result in a complaint transferred to the superior court for criminal prosecution. (PA) - I authorize my employer to obtain from the Registry of Motor Vehicles a copy of my Motor Vehicle Violations Record. It is understood that this application for employment and any conditional offer of employment in no way obligates the employer to employ me, and it is understood that, if hired, my employment is "at will." The terms of my at-will employment can only be changed by written contract, signed by an officer of CRST. I agree that any compensation as a result of a worker compensation injury or illness shall be governed by and paid according to the benefits schedule provided by the state of Iowa. It is agreed that the applicant, by presenting the application for employment, represents that the statements given by the applicant to the information requested in the application are true, correct and complete, and that any false, misleading or incomplete statements of the information requested in this application shall be sufficient grounds for discharge if employed. It is agreed and understood that as a condition of employment, all drivers will be subject to drug/alcohol testing and a physical examination. I affirm that I have a genuine interest and no other purposes in applying for a job with the company. I hereby certify I possess only a driver's license for the state of my residence and have returned all other(s) I may have possessed to the state(s) of issuance. FMCSA Notification of Driver Rights Under 49 CFR 391.23, you have the following rights regarding your employment history as a Department of Transportation regulated employee as the driver of a commercial motor vehicle or as someone employed in a safety-sensitive function that required alcohol and drug testing as specified by 49 CFR 40, as that information is provided by previous employers to CRST as a prospective employer under this regulation: you have the right to review information provided by previous employers;• you have the right to have errors in the information corrected by the previous employer and for that previous employer to re-send the corrected information to prospective employers; and • you have the right to have a rebuttal statement attached to the alleged erroneous information, if one of your previous employers and you cannot agree on the accuracy of the information • If you have previous DOT regulated employment history in the three years preceding your application to CRST and wish to review previous employer-provided investigative information, you must submit a written request to CRST. This may be done at any time, including when applying to CRST, but no later than 30 days after being employed by CRST or being notified of denial of employment by CRST. CRST will provide the requested information to you within five business days of receiving the written request. If CRST has not yet received the requested information from your previous employer, then the five day deadline will begin when the requested safety performance history information is received. If you have not arranged to pick up or receive the requested records within 30 days of CRST making the records available to you, CRST may consider you to have waived your request to review the records. FMCSA Notification of Driver Rights 19 Case 8:17-cv-00199-JDW-TBM Document 20-1 Filed 05/17/17 Page 20 of 25 PageID 163 Employer / Contractor / Educational Institution: Phillips Installation Printed Name: Walter Mack Reed, III Social Security #: -2016 Walter Mack Reed, III Gender: FMCSA Notification of Driver Rights 20 Case 8:17-cv-00199-JDW-TBM Document 20-1 Filed 05/17/17 Page 21 of 25 PageID 164 TO BE READ AND SIGNED BY APPLICANT This application for employment and any resulting conditional job offer or contract of hire shall be deemed to be completed and executed in the state of Iowa. It is agreed and understood that any misrepresentations of any information by applicant shall be considered an act of dishonesty and may subject applicant to immediate discharge if hired. It is agreed and understood that the employer or his agents may investigate the applicant's background to ascertain any and all information of concern to applicant's record, including all information on my Alcohol and Controlled Substance Testing/Training Records, whether same is of record or not, and applicant releases former and/or current employers named herein from all liability for any damages for furnishing such information. It is understood that the information in this application will be used and that prior employers will be contacted for purposes of investigation as required by the motor carrier safety regulations. I further release and agree to hold harmless any previous or current employer as well as any employee, agent, or representative thereof from all liability of damage that may arise from the release of these results. I agree to furnish such additional information and complete such examinations as may be required to complete my employment file. (MA) - An applicant for employment with a sealed record on file with the commissioner of probation may answer 'no record' with respect to any inquiry herein relative to prior arrests, criminal court appearances or convictions. An applicant for employment with a sealed record on file with the commissioners of probation may answer 'no record' with respect to any inquiry relative to prior arrests, court appearances and adjudications in all cases of delinquency or as a child in need of services which did not result in a complaint transferred to the superior court for criminal prosecution. (PA) - I authorize my employer to obtain from the Registry of Motor Vehicles a copy of my Motor Vehicle Violations Record. It is understood that this application for employment and any conditional offer of employment in no way obligates the employer to employ me, and it is understood that, if hired, my employment is "at will." The terms of my at-will employment can only be changed by written contract, signed by an officer of CRST. I agree that any compensation as a result of a worker compensation injury or illness shall be governed by and paid according to the benefits schedule provided by the state of Iowa. It is agreed that the applicant, by presenting the application for employment, represents that the statements given by the applicant to the information requested in the application are true, correct and complete, and that any false, misleading or incomplete statements of the information requested in this application shall be sufficient grounds for discharge if employed. It is agreed and understood that as a condition of employment, all drivers will be subject to drug/alcohol testing and a physical examination. I affirm that I have a genuine interest and no other purposes in applying for a job with the company. I hereby certify I possess only a driver's license for the state of my residence and have returned all other(s) I may have possessed to the state(s) of issuance. FMCSA Notification of Driver Rights Under 49 CFR 391.23, you have the following rights regarding your employment history as a Department of Transportation regulated employee as the driver of a commercial motor vehicle or as someone employed in a safety-sensitive function that required alcohol and drug testing as specified by 49 CFR 40, as that information is provided by previous employers to CRST as a prospective employer under this regulation: you have the right to review information provided by previous employers;• you have the right to have errors in the information corrected by the previous employer and for that previous employer to re-send the corrected information to prospective employers; and • you have the right to have a rebuttal statement attached to the alleged erroneous information, if one of your previous employers and you cannot agree on the accuracy of the information • If you have previous DOT regulated employment history in the three years preceding your application to CRST and wish to review previous employer-provided investigative information, you must submit a written request to CRST. This may be done at any time, including when applying to CRST, but no later than 30 days after being employed by CRST or being notified of denial of employment by CRST. CRST will provide the requested information to you within five business days of receiving the written request. If CRST has not yet received the requested information from your previous employer, then the five day deadline will begin when the requested safety performance history information is received. If you have not arranged to pick up or receive the requested records within 30 days of CRST making the records available to you, CRST may consider you to have waived your request to review the records. FMCSA Notification of Driver Rights 21 Case 8:17-cv-00199-JDW-TBM Document 20-1 Filed 05/17/17 Page 22 of 25 PageID 165 Employer / Contractor / Educational Institution: Campbell Import Auto Repair Printed Name: Walter Mack Reed, III Social Security #: Signed Date: 06-27-2016 Walter Mack Reed, III Gender: FMCSA Notification of Driver Rights 22 Case 8:17-cv-00199-JDW-TBM Document 20-1 Filed 05/17/17 Page 23 of 25 PageID 166 TO BE READ AND SIGNED BY APPLICANT This application for employment and any resulting conditional job offer or contract of hire shall be deemed to be completed and executed in the state of Iowa. It is agreed and understood that any misrepresentations of any information by applicant shall be considered an act of dishonesty and may subject applicant to immediate discharge if hired. It is agreed and understood that the employer or his agents may investigate the applicant's background to ascertain any and all information of concern to applicant's record, including all information on my Alcohol and Controlled Substance Testing/Training Records, whether same is of record or not, and applicant releases former and/or current employers named herein from all liability for any damages for furnishing such information. It is understood that the information in this application will be used and that prior employers will be contacted for purposes of investigation as required by the motor carrier safety regulations. I further release and agree to hold harmless any previous or current employer as well as any employee, agent, or representative thereof from all liability of damage that may arise from the release of these results. I agree to furnish such additional information and complete such examinations as may be required to complete my employment file. (MA) - An applicant for employment with a sealed record on file with the commissioner of probation may answer 'no record' with respect to any inquiry herein relative to prior arrests, criminal court appearances or convictions. An applicant for employment with a sealed record on file with the commissioners of probation may answer 'no record' with respect to any inquiry relative to prior arrests, court appearances and adjudications in all cases of delinquency or as a child in need of services which did not result in a complaint transferred to the superior court for criminal prosecution. (PA) - I authorize my employer to obtain from the Registry of Motor Vehicles a copy of my Motor Vehicle Violations Record. It is understood that this application for employment and any conditional offer of employment in no way obligates the employer to employ me, and it is understood that, if hired, my employment is "at will." The terms of my at-will employment can only be changed by written contract, signed by an officer of CRST. I agree that any compensation as a result of a worker compensation injury or illness shall be governed by and paid according to the benefits schedule provided by the state of Iowa. It is agreed that the applicant, by presenting the application for employment, represents that the statements given by the applicant to the information requested in the application are true, correct and complete, and that any false, misleading or incomplete statements of the information requested in this application shall be sufficient grounds for discharge if employed. It is agreed and understood that as a condition of employment, all drivers will be subject to drug/alcohol testing and a physical examination. I affirm that I have a genuine interest and no other purposes in applying for a job with the company. I hereby certify I possess only a driver's license for the state of my residence and have returned all other(s) I may have possessed to the state(s) of issuance. FMCSA Notification of Driver Rights Under 49 CFR 391.23, you have the following rights regarding your employment history as a Department of Transportation regulated employee as the driver of a commercial motor vehicle or as someone employed in a safety-sensitive function that required alcohol and drug testing as specified by 49 CFR 40, as that information is provided by previous employers to CRST as a prospective employer under this regulation: you have the right to review information provided by previous employers;• you have the right to have errors in the information corrected by the previous employer and for that previous employer to re-send the corrected information to prospective employers; and • you have the right to have a rebuttal statement attached to the alleged erroneous information, if one of your previous employers and you cannot agree on the accuracy of the information • If you have previous DOT regulated employment history in the three years preceding your application to CRST and wish to review previous employer-provided investigative information, you must submit a written request to CRST. This may be done at any time, including when applying to CRST, but no later than 30 days after being employed by CRST or being notified of denial of employment by CRST. CRST will provide the requested information to you within five business days of receiving the written request. If CRST has not yet received the requested information from your previous employer, then the five day deadline will begin when the requested safety performance history information is received. If you have not arranged to pick up or receive the requested records within 30 days of CRST making the records available to you, CRST may consider you to have waived your request to review the records. FMCSA Notification of Driver Rights 23 Case 8:17-cv-00199-JDW-TBM Document 20-1 Filed 05/17/17 Page 24 of 25 PageID 167 Employer / Contractor / Educational Institution: Gehring Construction Printed Name: Walter Mack Reed, III Social Security #: Signed Date: 06-27-2016 Walter Mack Reed, III Gender: FMCSA Notification of Driver Rights 24 Case 8:17-cv-00199-JDW-TBM Document 20-1 Filed 05/17/17 Page 25 of 25 PageID 168
