EAST ST. LOUIS - A truck driver claims his employer made deductions from his paycheck without providing any reasoning for the withdrawals.
Herbert Bryant III filed a federal class action lawsuit in the Northern District Court of Illinois before it was transferred to the U.S. District Court for the Southern District of Illinois. The lawsuit was filed against All Ways Auto Transport LLC, doing business as AW Transport, and Does 1-100, alleging violation of the Truth in Leasing Act and Truth in Leasing Regulation, breach of contract and breach of contract of good faith and fair dealing.
According to the lawsuit, Bryant applied for a truck driving position with the defendant. He claims an advertisement promised truck drivers a $2,000 down payment on a truck lease followed by driving assignments that would pay 85percent of the gross load receipts for each trip. Upon being hired, Bryant picked up a 2013 Volvo truck from Bush Truck Leasing, Inc. The lease for the truck required an initial payment of $2,500, plus weekly payments of $704.30. Bryant claims the truck had repeated mechanical failures and was submitted to various repair locations for maintenance.
According to the agreement with the defendant, bills would be sent directly to the defendant and the amounts would be deducted from Bryant's account. Bryant claims he made numerous requests for itemized invoices of repairs in payments, but the defendant allegedly failed to provide such information.
In October 2018, Bryant entered into a second lease agreement for a 2015 International Conventional Sleeper to drive for work due to continuing mechanical failures of the Volvo. Bryant claims the defendant would regularly deduct approximately $388.05 from his payment without providing any reasoning for the deductions. Bryant claims the defendant took the deductions from all class members' accounts and therefore violated the Truth in Leasing Act and Truth in Leasing Regulation Acts.
Bryant seeks compensatory damages and restitution of all monies due including the value of unlawfully covered trips and disgorged profits from unfair and unlawful business practices. He also seeks preliminary and permanent injunction of the defendant for alleged violations, actual and statutory damages, pre-judgment interest, declaratory relief, court costs and reasonable attorneys fees. Bryant is represented by Katrina Carroll of Lynch Carpenter LLP in Chicago.
U.S. District Court for the Southern District case number 3:22-cv-00279-SMY