Private Detectives periodically engage in pretexting or some form of subterfuge to gather information.
These are euphemistic words that describe some sort of overt false representation or misrepresentation. Over thirty years ago in Michigan, a “friendly” lawsuit was filed by the state against the Michigan Association of Private Detectives for the purpose of determining the legality of such an action. At that time, the Michigan Court of Appeals ruled that “pretexting” was legal as long as the detective did not represent himself/herself as a police officer or a government employee. More recently, Private Detectives and also police have been criticized and held civilly and criminally accountable nationwide for certain types of pretexts that have accessed privileged and confidential information.
Private Detectives are sued mostly for various types of intrusive behavior, and certain types of pretexting can be seriously invasive. For instance, a pretext employed for the limited purpose of identification (say to confirm someone’s identity during the course of surveillance) is fairly innocuous, and if that act rose to the level of litigation, the plaintiff would have difficulty in proving damages. More elaborate falsehoods which might be communicated to access personal financial information could be construed as fraudulent and/or criminal.
If you employ Private Detectives, you could also be held accountable for their actions. What is your position on the use of Pretexts? You should have a discussion with your detective in this regard beforehand.
Research North, Inc. (RNI), is a professional private detective service providing support to the business community, the insurance industry and individuals in Michigan and Wisconsin since 1981. The company also offers pre-employment background checks to small and medium sized businesses through a subsidiary called Backgroundcheckswork.com that is fully staffed by professional investigators who are retired from law enforcement.
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