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-Courtesy of Snelling Private Investigators and Information Specialists -
Knowing the laws affecting Private Investigators is imperative for Private Investigators, Attorneys, Businesses and Private Parties too. Here you will find legal resources that govern Private Investigator practices by statutes, codes and case law, as well as penalties for unethical and unlawful activity. We hope you find them helpful. Check back often as Privacy laws and other laws are in a state of flux and this page will be updated frequently. This information is for guideline purposes only. As always, consult an attorney for legal counsel.
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Deceptive Business Practices (including Financial)
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Gramm-Leach-Bliley Act: Pretexting
"The Gramm-Leach-Bliley Act prohibits "pretexting," the use of false pretenses, including fraudulent statements and impersonation, to obtain consumersÂ’ personal financial information, such as bank balances. This law also prohibits the knowing solicitation of others to engage in pretexting."
Food Lion Inc. v. Capital Cities/ABC
1998 U.S. Court of Appeals opinion to overturn NC District Court finding Capital Cities/ABC Inc. in violation of Unfair and Deceptive Trade Practices Act in a case of an undercover sting.
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Privacy Laws - Wiretapping and Hidden Recording Devices
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Federal Wiretap Act
Details federal prohibitions and penalties regarding Wire and Electronic Communications Interception and Oral Communications Interception.
"It is also illegal to obtain or attempt to obtain any part of a conversation (face-to-face communication) by means of any device, if all participants in the conversation are not "specifically informed" that their conversation is being obtained."
Washington Laws Related to Wiretapping and In-Person Conversation Recordings "Washington requires the consent of all parties to intercept or record a private conversation or communication by any device (electronic or otherwise) designed to record or transmit. The act applies to face-to-face conversations and to communications transmitted by telephone (including out-of-state and cordless telephone calls), telegraph, radio or other devices."
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Privacy Laws - Access To Credit Reports
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Fair Credit Reporting Act
Includes information on permissible purposes of credit reports, conditions of disclosure of consumer reports, obtaining credit reports under false pretenses and civil liability for willful or negligent non-compliance.
2002 Washington State Court of Appeals opinion relating to investigator obtaining credit report for client and whether it was permissible usage or obtaining credit report under false pretenses.
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Privacy Laws - Trespass and Invasion of Privacy - Private Investigator
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Liability of Attorney or Spouse For Torts Committed by Investigators
Explores the "unreasonably intrusive" investigation in general and specific to divorce proceedings. Includes recent court opinions.
Furman v. Sheppard
1998 Maryland Court of Appeals dissenting opinion as to whether investigator trespass at private club for videotaping of personal injury claimant constitutes invasion of privacy.
Plaxico v. Michael
1999 Mississippi Court of Appeals affirming opinion that investigator's telescopic videotaping into bedroom of lesbian lovers in custody suit did not constitute invasion of privacy due to "best interest of child" defense.
Miller v. Brooks
1996 North Carolina Court of Appeals affirming opinion that estranged wife and investigator placing hidden camera in estranged husband's bedroom at residence she had vacated constitutes invasion of privacy and trespassing
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