What is your MVR Compliance Policy?

Only 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. 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. By creating an account and agreeing to our terms of use, you are certifying that the data returned to you will be used in accordance with State and Federal laws. Our services are FCRA and DOT Compliant. We do NOT provide personal Driving Records.

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.

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

The requested Records will be used for pre-employment screening purposes only. 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).
Prior to this request, Employer/Insurer 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/Insurer with written authorization permitting company to obtain a copy of the Applicant’s Records with PSP.
Notice to Employers and 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).

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.

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