Private Investigator Legal Limits
Resources that govern private investigator practices by statutes, codes and case law and penalties.
Private Investigator Legal and Deceptive Business Practices (including Financial)
Gramm-Leach-Bliley Act - Pretexting Law
"The Gramm-Leach-Bliley Act is a pretexting law tht prohibits "pretexting," the use of false pretenses, including fraudulent statements and impersonation, to obtain consumers personal financial information, such as bank balances. This law also prohibits the knowing solicitation of others to engage in pretexting."
Obtaining Financial Information - Pretexting Law - U.S. Code § 6821 - Privacy protection for customer information of financial institutions on pretexting law and deceptive business practices. Hosts by Cornell University Law School.
Food Lion Inc. v. Capital Cities/ABC - Deceptive Business Practices - 1998 U.S. Court of Appeals opinion overturns NC District Court that found Capital Cities/ABC in violation of Unfair and Deceptive Trade Practices Act in a case of an undercover sting.
Private Investigator Legal Issues: Defamation of Character
Summers v. Binns, Jackson, Alexander, Stevens - Defamation Cases - 1999 Oregon Court of Appeals decision related to investigators' defamation in course of child custody case.
Private Investigator Wiretapping and Taping Laws (Privacy Laws)
Federal Wiretap Act - Details federal prohibitions and penalties regarding Wire and Electronic Communications Interception and Oral Communications Interception.
Oregon Laws Related to Wiretapping and In-Person Conversation Recording
"It is illegal in Oregon to obtain or attempt to obtain any part of a telecommunication or radio communication to which a person is not a participant by means of any device, unless consent is given by at least one participant."
"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."
All States' Statutes Related to Wiretapping and Hidden Recording Devices
Covers all states' statutes regarding phone wiretapping, hidden audio recording devices and video recording. Includes exceptions to laws.
Private Investigator Access To Credit Reports (Privacy Laws)
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.
Winters v Fowler
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.
Private Investigator Trespass and Invasion of Privacy (Privacy Laws)
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
Private Investigator Legal and Deceptive Business Practices (including Financial)
Gramm-Leach-Bliley Act - Pretexting Law
"The Gramm-Leach-Bliley Act is a pretexting law tht prohibits "pretexting," the use of false pretenses, including fraudulent statements and impersonation, to obtain consumers personal financial information, such as bank balances. This law also prohibits the knowing solicitation of others to engage in pretexting."
Obtaining Financial Information - Pretexting Law - U.S. Code § 6821 - Privacy protection for customer information of financial institutions on pretexting law and deceptive business practices. Hosts by Cornell University Law School.
Food Lion Inc. v. Capital Cities/ABC - Deceptive Business Practices - 1998 U.S. Court of Appeals opinion overturns NC District Court that found Capital Cities/ABC in violation of Unfair and Deceptive Trade Practices Act in a case of an undercover sting.
Private Investigator Legal Issues: Defamation of Character
Summers v. Binns, Jackson, Alexander, Stevens - Defamation Cases - 1999 Oregon Court of Appeals decision related to investigators' defamation in course of child custody case.
Private Investigator Wiretapping and Taping Laws (Privacy Laws)
Federal Wiretap Act - Details federal prohibitions and penalties regarding Wire and Electronic Communications Interception and Oral Communications Interception.
Oregon Laws Related to Wiretapping and In-Person Conversation Recording
"It is illegal in Oregon to obtain or attempt to obtain any part of a telecommunication or radio communication to which a person is not a participant by means of any device, unless consent is given by at least one participant."
"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."
All States' Statutes Related to Wiretapping and Hidden Recording Devices
Covers all states' statutes regarding phone wiretapping, hidden audio recording devices and video recording. Includes exceptions to laws.
Private Investigator Access To Credit Reports (Privacy Laws)
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.
Winters v Fowler
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.
Private Investigator Trespass and Invasion of Privacy (Privacy Laws)
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
