Legal Research & Investigation Techniques Flashcards

Under the Fair Credit Reporting Act, an investigator may obtain a consumer report only when:

Answer: A permissible purpose exists under the Act

The FCRA restricts access to consumer reports to specific permissible purposes listed in 15 U.S.C. § 1681b.

The Gramm-Leach-Bliley Act's pretexting provisions prohibit:

Answer: Obtaining customer financial information from a bank through false pretenses

GLBA makes it unlawful to obtain customer information from a financial institution by false or fraudulent statements.

Which federal law restricts disclosure of personal information from state motor vehicle records but allows use in connection with litigation?

Answer: Driver's Privacy Protection Act

The DPPA limits DMV record disclosure to permissible uses, including use in civil, criminal, or administrative proceedings.

An investigator plans to record a phone call they are a party to with someone in California. What applies?

Answer: California requires consent of all parties, so all must agree

Federal law is one-party consent, but California is an all-party consent state, and the stricter law should be followed in interstate calls.

During surveillance, filming a subject carrying heavy boxes in their open front yard visible from a public street is generally:

Answer: Permissible, since there is no reasonable expectation of privacy in plain public view

Activities openly visible from a public vantage point generally carry no reasonable expectation of privacy.

Which federal law specifically criminalizes obtaining confidential telephone records through pretexting?

Answer: Telephone Records and Privacy Protection Act of 2006

The TRPPA of 2006 (18 U.S.C. § 1039) makes fraudulently obtaining phone records a federal crime.

In a federal civil case, which rule governs subpoenas to non-parties for documents or testimony?

Answer: FRCP 45

FRCP 45 governs subpoenas, including commanding non-parties to produce documents or appear.