Driver Application

A Summary of Your Rights Under the Fair Credit Reporting Act

The federal Fair Credit Reporting Act (FCRA) promotes the accuracy, fairness, and privacy of information in the files of consumer reporting agencies. There are many types of consumer reporting agencies, including credit bureaus and specialty agencies (such as agencies that sell information about check-writing histories, medical records, and rental-history records). Here is a summary of your major rights under the FCRA. For more information, including information about additional rights, go to www.consumerfinance.gov/learnmore or write to: Consumer Financial Protection Bureau, 1700 G Street N.W., Washington, DC 20552.

You must be told if information in your file has been used against you. Anyone who uses a credit report or another type of consumer report to deny your application for credit, insurance, or employment — or to take another adverse action against you — must tell you, and must give you the name, address, and phone number of the agency that provided the information.

You have the right to know what is in your file. You may request and obtain all the information about you in the files of a consumer reporting agency (your "file disclosure"). You will be required to provide proper identification, which may include your Social Security number. In many cases the disclosure will be free.

You have the right to ask for a credit score. Credit scores are numerical summaries of your credit-worthiness based on information from credit bureaus. You may request a credit score from consumer reporting agencies that create scores or distribute scores used in residential real-property loans, but you will have to pay for it.

You have the right to dispute incomplete or inaccurate information. If you identify information in your file that is incomplete or inaccurate, and report it to the consumer reporting agency, the agency must investigate unless your dispute is frivolous.

Consumer reporting agencies must correct or delete inaccurate, incomplete, or unverifiable information, usually within 30 days. However, a consumer reporting agency may continue to report information it has verified as accurate.

Consumer reporting agencies may not report outdated negative information. In most cases a consumer reporting agency may not report negative information that is more than seven years old, or bankruptcies that are more than 10 years old.

Access to your file is limited. A consumer reporting agency may provide information about you only to people with a valid need — usually to consider an application with a creditor, insurer, employer, landlord, or other business. The FCRA specifies those with a valid need for access.

You must give your consent for reports to be provided to employers. A consumer reporting agency may not give out information about you to your employer, or a prospective employer, without your written consent given to the employer. Written consent generally is not required in the trucking industry.

You may limit "prescreened" offers of credit and insurance you get based on information in your credit report. Unsolicited "prescreened" offers must include a toll-free phone number you can call to remove your name and address from the lists these offers are based on. You may opt out with the nationwide credit bureaus at 1-888-5-OPTOUT (1-888-567-8688).

You have the right to one free credit report annually from each of the nationwide consumer reporting agencies — Equifax, Experian, and TransUnion — at www.annualcreditreport.com or 1-877-322-8228.

You may seek damages from violators. If a consumer reporting agency, or, in some cases, a user of consumer reports or a furnisher of information to a consumer reporting agency, violates the FCRA, you may be able to sue in state or federal court.

Identity theft victims and active duty military personnel have additional rights. States may enforce the FCRA, and many states have their own consumer reporting laws. In some cases, you may have more rights under state law. For more information, visit www.consumerfinance.gov/learnmore.

Important Disclosure Regarding Background Reports From the PSP Online Service

In connection with your application for employment with Prosperity Transportation LLC ("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 provide you with a notice that the action has been taken and that the action was based in part or in whole on this information.

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 toll-free telephone number of FMCSA; that 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 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 five business days of receiving your request, the Prospective Employer must obtain a copy of your record from FMCSA and provide a copy to you.

Neither the Prospective Employer nor the FMCSA contractor supplying the crash and inspection 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.

Authorization. I authorize Prosperity Transportation LLC to access the FMCSA Pre-Employment Screening Program (PSP) system to seek information regarding my commercial driving safety record and 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 in making a determination regarding my suitability as an employee. I further understand that neither the Prospective Employer nor the FMCSA contractor supplying the crash and inspection information has the capability to correct any safety data that appears to be incorrect.

Disclosure Regarding Consumer Reports and Investigative Consumer Reports

Prosperity Transportation LLC ("the Company") may obtain information about you from a consumer reporting agency for employment purposes. Thus, you may be the subject of a "consumer report" and/or an "investigative consumer report" which may include information about your character, general reputation, personal characteristics, and/or mode of living, and which can involve personal interviews with sources such as your neighbors, friends, or associates. These reports may contain information regarding your criminal history, social security verification, motor vehicle records ("driving records"), verification of your education or employment history, or other background checks.

You have the right, upon written request made within a reasonable time after receipt of this notice, to request disclosure of the nature and scope of any investigative consumer report. Please be advised that the nature and scope of the most common form of investigative consumer report is an employment history or verification. This information will be obtained through an interview with current or past employment references supplied by you or developed as part of the investigative consumer report.

The scope of this disclosure is all-encompassing, allowing the Company to obtain from any outside organization all manner of consumer reports and investigative consumer reports now and, if you are hired, throughout the course of your employment to the extent permitted by law. As a result, you should carefully consider whether to exercise your right to request disclosure of the nature and scope of any investigative consumer report.

Authorization of Consumer Reports and Investigative Consumer Reports

I acknowledge receipt of the "Disclosure Regarding Consumer Reports and Investigative Consumer Reports" and "A Summary of Your Rights Under the Fair Credit Reporting Act" and, by my electronic signature, I hereby authorize Prosperity Transportation LLC ("the Company") and its designated consumer reporting agencies to obtain consumer reports and/or investigative consumer reports regarding me from time to time, for employment purposes, both pre-employment and, if I am hired, throughout my employment to the extent permitted by law.

I understand that the Company may rely on this authorization to order additional consumer reports or investigative consumer reports during my employment without asking me for my authorization again. I authorize all persons, schools, companies, corporations, credit bureaus, law enforcement agencies, and former employers to release information they may have about me to the consumer reporting agency and/or the Company, and I release all such persons and entities from any liability and responsibility for releasing such information.

This authorization shall remain valid throughout my application process and, if I am employed, throughout my employment, except in those states where it may not be permitted by law. I agree that a facsimile ("fax"), electronic, or photographic copy of this authorization shall be as valid as the original.

Disclosure and Authorization Under 49 C.F.R. Part 391.23 Including DOT Drug and Alcohol Information

I authorize Prosperity Transportation LLC ("the Company") to investigate my employment record, including my safety performance history as required by 49 C.F.R. § 391.23, and to contact my previous employers (DOT-regulated and otherwise) for the purpose of investigating my safety performance history.

I understand that, in accordance with 49 C.F.R. § 391.23, the Company is required to investigate, and my previous DOT-regulated employers are required to release, the following information from the preceding three (3) years: (1) general driver identification and employment verification information; (2) the data elements regarding accidents in which I was involved as required by 49 C.F.R. § 390.15(b)(1); and (3) information concerning my drug and alcohol testing history as a DOT-regulated employee, including alcohol tests with a result of 0.04 or higher; verified positive controlled-substance test results; refusals to be tested; other violations of DOT controlled-substance and alcohol testing regulations; and, with respect to any such violation, documentation of completion of the return-to-duty process where applicable.

I hereby authorize my previous employers to release the above information to the Company, and I release my previous employers, the Company, and their agents and insurers from any and all liability that may result from furnishing or using such information. I understand that I have the right to review information provided by previous employers, to have errors corrected, and to have a rebuttal statement attached to the alleged erroneous information if the previous employer and I cannot agree on the accuracy of the information.

Consent for Limited Queries of the FMCSA Drug and Alcohol Clearinghouse

I hereby provide consent to Prosperity Transportation LLC ("the Company") to conduct a limited query of the FMCSA Commercial Driver's License Drug and Alcohol Clearinghouse to determine whether drug or alcohol violation information about me exists in the Clearinghouse.

I understand that if the limited query conducted by the Company indicates that drug or alcohol violation information about me exists in the Clearinghouse, the Company will not be permitted to allow me to perform any safety-sensitive function, including driving a commercial motor vehicle, until and unless the Company conducts a subsequent full query and obtains additional specific consent from me to do so. I understand that this consent for limited queries authorizes the Company to conduct such limited queries during the period of my employment.

I further understand that I may revoke this consent in writing at any time, and that providing this consent is a condition of my employment in a safety-sensitive position regulated by the U.S. Department of Transportation.

Summary of Rights Under 15 U.S.C. Section 1681m(a)

If Prosperity Transportation LLC ("the Company") takes adverse action against you based in whole or in part on information contained in a consumer report, the Company is required by Section 1681m(a) of the Fair Credit Reporting Act to provide you with: (1) notice of the adverse action; (2) the name, address, and telephone number of the consumer reporting agency (including a toll-free telephone number established by the agency if it is a nationwide agency) that furnished the report; (3) a statement that the consumer reporting agency 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 (4) notice of your right to obtain a free copy of the consumer report from the agency within 60 days, and your right to dispute with the agency the accuracy or completeness of any information in the report.

The consumer reporting agencies that may furnish reports in connection with your application include, among others: Tenstreet, LLC; HireRight; iiX (Insurance Information Exchange); Asurint; DriverIQ; Supervision; Explore Information Services; The Work Number / Equifax Workforce Solutions; and SambaSafety. For motor vehicle records and for the FMCSA Drug & Alcohol Clearinghouse and Pre-Employment Screening Program (PSP) reports, information is furnished by state driver-licensing agencies and the U.S. Department of Transportation / FMCSA. You may contact the applicable agency to obtain a copy of your report or to dispute its accuracy.

Investigative Consumer Report Disclosure

In connection with your application for employment with Prosperity Transportation LLC ("the Company"), and if you are employed, throughout your employment, the Company may obtain one or more investigative consumer reports about you for employment purposes. An investigative consumer report is a background report that may include information about your character, general reputation, personal characteristics, and mode of living, obtained through personal interviews with sources such as your former employers, associates, and others with knowledge of you.

The nature and scope of the most common investigative consumer report is verification of your prior employment and the investigation of your safety performance history as required by federal regulation. These reports may also include, where permitted by law: employment verifications; motor vehicle / driving records (MVRs); commercial driver's license information (CDLIS); criminal records; and Pre-Employment Screening Program (PSP) crash and inspection history.

This information may be obtained from consumer reporting agencies including, among others: Tenstreet, LLC; HireRight; iiX (Insurance Information Exchange); Asurint; DriverIQ; Supervision; Explore Information Services; The Work Number / Equifax Workforce Solutions; and SambaSafety; as well as from the U.S. Department of Transportation / FMCSA for the Clearinghouse and PSP.

You may have additional rights under the laws of certain states, including Maryland, Massachusetts, Minnesota, New Jersey, New York, and Washington. Residents of these states may have the right to receive a copy of any consumer or investigative consumer report obtained about them, and other rights as provided by applicable state law. By checking the acknowledgment box, I represent that I understand and agree to the above Investigative Consumer Report Disclosure.