Professional Ethics and Licensing Flashcards

A client asks an investigator to call a bank while posing as the account holder to obtain the subject's balance. Which federal law specifically prohibits this?

Answer: Gramm-Leach-Bliley Act

The Gramm-Leach-Bliley Act makes it a federal crime to obtain customer financial information through pretexting.

A licensed agency owner wants to hand surveillance work to a friend who holds no license or registration. In a state requiring licensure, what is the most accurate statement?

Answer: The friend's work is unlicensed activity and the agency may face discipline

In licensing states, employees and subcontractors performing investigative work must themselves be licensed or registered, and the agency can be disciplined for using unlicensed help.

An investigator is asked to work for the opposing party in a lawsuit where he previously worked for the other side. What is the most appropriate response?

Answer: Decline the assignment because of the conflict and prior confidential knowledge

Switching sides in the same matter creates a conflict of interest and risks misuse of the former client's confidential information.

Which federal law restricts the release of personal information from state motor vehicle records but includes a permissible-use exception that licensed investigators may rely on?

Answer: Driver's Privacy Protection Act

The DPPA limits DMV data disclosure and lists permissible uses, including use by licensed private investigators for a permitted purpose.

A new client wants the current address of a former partner and mentions the partner 'got a restraining order for no reason.' What should the investigator do?

Answer: Decline or refuse to release the address because it could facilitate harassment or violence

Ethical investigators screen locate requests and refuse those that could enable stalking or violate a protective order.

An investigator in an all-party consent state wants to record a phone interview. What is required?

Answer: Consent of every party to the conversation

In all-party (two-party) consent states, every participant must consent before a private conversation is recorded.

An investigator carries a gold shield badge and a jacket marked 'Investigations Unit' that resembles police gear. What is the primary ethical and legal concern?

Answer: It may lead people to believe he is a law enforcement officer

Licensing laws generally prohibit investigators from using badges, uniforms, or titles that imply police authority.