The drivers are seeking statutory damages of $1,000 per alleged violation for themselves and every member of the class, members of which would be determined by the court if the drivers win their suit.
FMCSA says per its policy it does not comment on pending litigation.
The suit — which also names the Department of Transportation and the U.S. federal government as defendants — claims FMCSA “intentionally and willfully” sent reports to potential employers that overstepped the premise of the PSP reports.
According to claims in the court documents, PSP reports are only to contain accident reports and “reports of serious driver-related safety violations.”
The reports, which carriers obtain from FMCSA, are related to the agency’s Compliance, Safety, Accountability program and draw upon the agency’s Motor Carrier Management Information System. They include three years’ worth of inspection data and five years’ of crashes.
PSP reports for the six drivers filing the suit, along with other potential members of the class, contained “violations of law not determined by the Secretary [of Transportation] to be ‘serious driver related violations’ under circumstances where motor carriers are entitled only to receive ‘serious driver-related safety violation inspection reports,’” according to the lawsuit.
