Massachusetts Proposes New Regulations on Rideshare Companies 
Massachusetts is proposing significant changes to TNC background screening requirements, and the window to weigh in closes July 2. On April 24, 2026 the Massachusetts Department of Public Utilities opened a rulemaking proceeding related to proposed regulations that would impact rideshare companies, also referred to as Transportation Network Companies (TNCs). TNCs operating in Massachusetts, the CRAs that serve them, and the attorneys advising both should pay close attention.
Current Massachusetts Background Screening Requirements
Massachusetts already requires TNCs to conduct background checks covering criminal, sex offender and driving record history (see 220 CMR 274). These checks must be conducted at least every six months. Drivers must also pass a TNC Division background check.
What the Proposed Regulations Would Change
The proposed regulations would impact the background check requirements by requiring TNCs to conduct new background checks upon learning the driver’s personal information has changed, while expanding the scope of the criminal and driving history searches to include each state where the driver has resided and/or was licensed during the preceding 7 years. This additional search would be required regardless of addresses provided through a Social Security Number trace product or a review of previous licenses held by the driver. The proposed regulations would also require TNCs to conduct continuous monitoring of drivers focused on potential criminal and driving-related violations.
Additionally, the proposed regulations would amend the Suitability Standard, which currently consists of different look back periods for disqualifying events to inform driver eligibility. The proposed changes address items such as juvenile dispositions, the start dates for look back periods, license suspensions, alternative or withheld adjudications, and more.
A Critical Tension: Proposed Lookbacks vs. Massachusetts CRA Reporting Limits
Notably, the proposed Suitability Standard changes would amend the current 7 year look back period for certain convictions (such as unarmed robbery, breaking and entering, and stalking) to a 10 year look back period. This is notable as consumer reporting agencies (i.e., background screening companies) are limited under Massachusetts General Law, Chapt. 93, Section 52 to reporting criminal convictions within a 7 year time period (as measured from the date of disposition, release or parole).
Public Comment Period
The proposed regulations cover a wide scope of potential changes that would impact TNCs operating in Massachusetts. Two public hearings were held on June 8 and June 11 (more information available on the Massachusetts DPU rulemaking page). Comments may be submitted through July 2.
If your organization needs guidance on navigating these proposed changes, contact Capwell Consulting Group. Kelly Uebel is available to support those working through FCRA and state-law compliance questions.
What To Do Now
If your organization needs guidance on compliance with Virginia’s new TNC requirements, contact Capwell Consulting Group. Kelly Uebel is available to support attorneys, CRAs, and employers navigating FCRA and state-law background screening obligations.
About The Author
Kelly Uebel is a legal and compliance expert and authority in the employment and tenant background screening industry. Kelly brings more than 14 years of experience with the Fair Credit Reporting Act and its state analogues, fair chance laws, and negligent hiring issues to her background screening expert witness role with Capwell Consulting Group.
About Capwell Consulting Group
Capwell Consulting Group is a nationally recognized litigation support and risk mitigation consulting firm specializing in highly regulated industries. Our firm provides industry-leading guidance, research, reporting, and expert witness testimony for legal proceedings involving employment screening & negligent hiring, FCRA litigation, drug & alcohol testing, and medical device quality and regulatory compliance matters. With over three decades of industry experience, Capwell Consulting Group is a trusted advisor to employers, attorneys, and consumers around the globe.
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