Fighting for Fair Pay

Detmar Logistics

The Named Plaintiff in this case is a former Owner Operator with Detmar Logistics Leasing, LLC (“Detmar”) and brought this class action lawsuit against Detmar for alleged violations of the federal Truth in Leasing Act (“TILA”) 49 C.F.R. § 376.12(g). The case was filed on May 31, 2024 in the U.S. District Court for the Western District of Texas.

Plaintiff alleges that Detmar violated the TILA by failing to provide him and a class of Owner Operators with copies of rated freight bills or other documentation containing the same information for the loads Owner Operators hauled for Detmar. Due to Detmar’s failure to provide Owner Operators with the required documentation, Owner Operators could not verify whether they were paid correctly and demand more money if they were not. Plaintiff seeks to recover lost wages and other compensation caused by Detmar’s violation of the TILA, as well as attorneys’ fees and costs. Click here to read the complaint that was filed with the Court.

Getman, Sweeney & Dunn, PLLC is representing the Plaintiff along with local counsel at Kaplan Law Firm, PLLC.

How to join this case

As the litigation proceeds, Plaintiff expects to ask the Court to certify the TILA claims for class treatment. If the Court grants Plaintiff’s request, all potential class members will be part of the case and a notice of the class action will be sent to the class members, notifying them of their right to opt out of the class.

Status Reports

Answers to Common Questions - Posted June 3, 2024

Which drivers are included in the proposed class?

As a class action, the Named Plaintiff filed these TILA claims on behalf of himself and a class of similarly situated Owner Operators—current and former drivers who signed an Owner Operator Agreement with Detmar within the last four years.

What claims are covered in this case?

The lawsuit covers claims for unpaid compensation under the federal Truth in Leasing Act (“TILA”). Detmar’s Owner Operator Agreement provides that Detmar will pay Owner Operators a percentage of the final gross revenue Detmar receives for each load Owner Operators haul. Because Owner Operators’ pay is based on a percentage of the final gross revenue for loads, the TILA requires that Detmar provide a copy of the rated freight bill or other form of documentation used for a load containing the same information. Plaintiff alleges that Detmar did not provide him or other Owner Operators with that documentation, or any other documentation that would allow Owner Operators to verify that they were being paid the correct percentage of the final gross revenue. As a result, Detmar violated the TILA and Owner Operators did not have the documents necessary to determine the validity of their computed pay and lost compensation.

What damages are sought?

Plaintiff alleges that Detmar’s failure to disclosure the information required by the TILA caused him and other Owner Operators to suffer financial damages, because they were not able to determine if they were paid correctly and to demand more money if they were not. The damages sought under the TILA equal the difference between (i) the amount Detmar should have paid Owner Operators based on the freight bills and the compensation promised in Detmar’s Owner Operator Agreement, and (ii) the amount that Detmar actually paid Owner Operators. Under the TILA, Plaintiff also seeks attorneys’ fees and costs.

How do I join the case?

As the litigation proceeds, Plaintiff expects to ask the Court to certify the TILA claims for class treatment. If the Court grants Plaintiff’s request, all potential class members will be part of the case and a notice of the class action will be sent to the class members, notifying them of their right to opt out of the class.

How far back do the claims go?

Under the TILA, the statute of limitations is 4 years. As a class action, the Named Plaintiff’s and potential class members’ TILA claims were tolled once the complaint was filed on May 31, 2024. This means that the clock has stopped running on the 4-year time limit for the Named Plaintiff and Class Members to file their TILA claims.

Case Inquiry

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