Can clients who hire investigators or info brokers who violate GLB be prosecuted?
Winston: Yes, under the law they can, but there has to be a showing of knowledge. If the person who hired the pretexter had no idea how the information was going to be acquired or didn’t specifically know that pretexting was going to be used, then no, they would not have violated GLB. However, when a PI subcontracts to another investigator, the PI should insure that the subcontractor is not violating GLB. The PI should not just rely on the subcontractor’s word, but should know how the information will be acquired. PIM: Are there currently any FTC concerns about private investigators? Winston: Not as a general matter. If I thought that there were major problems in the PI industry that concerned us, I would certainly tell you. As with any industry, there are the occasional bad apples, but the PI industry as a whole is not an area about which we have any particular concerns. One area that does concern us right now is the acquisition of credit reports by persons without proper authority. I
