What the checks record, and who keeps itMontgomery v. Caribe Transport II removed the brokers’ early exit from negligent-selection suits in May. The industry’s answer has been to check harder at the moment of pickup. Highway’s Know Your Driver runs a live identity check — face, government ID, liveness — confirms the driver is near the pickup, and flags drivers assigned to several loads at once. Samsara sells a paper-thin Bluetooth label that rides the freight for 45 days. Read that as a records question and it changes shape. A selfie and a government ID at a dock is biometric data, taken from the driver, held by a vendor, created to protect the broker from a liability a court invented in May. The driver is the subject of the record and a party to none of the agreements about it. Retention terms are not public. So ask for them in writing: Ask before the next pickup 1. What is captured and stored — image, template, or both? 2. How long is it kept, and who deletes it? 3. Who can compel it later — a suit filed in 2028 subpoenas what existed in 2026. |
Then the mirror question, the one this week raised: when the federal file behind your vetting screen stops updating for four days and nobody tells you, what record proves what you checked? |