The Expert Podcast

• Common inquiries for investigations often involve obtaining private information, such as bank account details, social security numbers, asset information, vehicle data, and personal emails.
• There are legal and illegal ways to obtain this information, with regulations coming from the Gramm-Leach-Bliley Act.
• Originally passed in the 90s, the Gramm-Leach-Bliley Act has been updated multiple times to regulate how private information can be obtained.
• The act prohibits certain deceptive methods, including pretexting, which is the practice of obtaining information under false pretenses.
• Pretexting techniques have been expanded and upheld by federal courts, making it crucial for investigators or anyone collecting personal information to follow proper methods.
• Violating these rules can result in significant liability, including the invalidation of collected information, sanctions, and even damage awards.
• Pretexting refers to the deceptive act of obtaining information for cases such as asset searches or divorce proceedings.
• Legal consequences for improper use of pretexting can be severe, and those found in violation may face financial penalties or legal repercussions.
• A case example shows how improper pretexting caused a creditor, who had won a $400,000 judgment, to lose the debt collection and instead pay $3,000 in damages due to the illegal methods used.
• It is important to understand that pretexting is no longer a "gray area" of the law but is explicitly prohibited.
• Ensure that any methods used for obtaining private information are legal to avoid creating unnecessary liability, invalidating your case, or facing financial penalties.

• Pretexting is illegal and can have severe legal and financial consequences.
• The Gramm-Leach-Bliley Act governs the lawful collection of personal information.
• Always follow proper, legal methods to gather information for legal cases or investigations.