Pretexting has long been a tool used by private investigators legally in the course of an investigation to secure information. The term pretexting however has been highjacked by criminals in various ways for wrongdoing and illegal activity. So is pretexting illegal or unethical? Lets get into it!
Pretexting when done in a legitimate manner is not illegal. Pretexting, when not conducted to harm an individual, is not unethical. Private investigators pretext individuals as a course of their jobs to find information so that a positive outcome can result in the course of an investigation and they are required to do it in a legal manner.
What Exactly is the Definition of Pretexting
According to the Federal Trade Commission, pretexting is a term actually coined by private investigators and refers to,” the practice of obtaining personal information under false pretenses.”
What is The Goal of Pretexting?
Like the definition of pretexting implies, a pretext is conducted to find out information without revealing the true reason for wanting the information or in most cases the true identity of the individual seeking that information.
A common example is private investigators working on surveillance assignments. A phone call to the residence of the subject under surveillance may be made by the investigator. The wife of the subject may answer and the investigator must provide a pretext to the wife in the attempt to determine if the subject of the investigation is home.
The investigator might ask to speak with the subject and if the wife asks who the investigator is, the investigator may say that they are with a survey company.
The true reason for the investigator calling is not revealed and a false pretense is given to the wife as a reason to speak to the subject.
If the subject answer the phone, the investigator might engage in a survey to determine additional information that may pertain to the subject (nothing that is protected by law). Another possibility is the investigator might hang up the phone before the subject gets on the phone accomplishing the objective of determining that they were home.
Pretext Laws
There are several laws in the books that exist to protect the public from individuals that aim to defraud or hurt the general public. These laws also protect individuals from private investigators. Here are some very specific laws that protect individuals.
This was enacted in 1999 and makes it against the law to secure financial information from financial institutions under false pretenses, like pretexting.
The Telephone Records and Privacy Protection Act of 2006
This makes it illegal to buy, sell or obtain phone records without receiving proper authorization or knowing that the aforementioned information was secured by fraud.
Fraud would certainly fall into the category of pretexting and no one including private investigators should attempt to buy, sell or obtain phone records illegally.
If private investigators would like phone records, simply provide the person in question a release form of the records you would like to request and have them sign it. This form then can be provided to the phone provider.
Insurance Information and Privacy Protection Model Act
This states, “No insurance institution, agent or insurance support organization shall use or authorize the use of pretext interviews to obtain information in connection with an insurance transaction…”
Is Pretexting Illegal?
Pretexting, when done in a manner that does not break the law, is legal. Pretexting is done on a daily basis by private investigators all over the world but not in a malicious manner.
Many times pretexting is conducted as previously mentioned just to try to confirm whether a subject is a home or not and sometimes simply to make sure they are conducting surveillance on the right person.
Sometimes pretexting is conducted on neighbors of a subject for the same reason, they are just trying to figure out if their subject is home or if their subject even lives at the residence they are conducting surveillance at.
A private investigator can’t just tell a neighbor they are a private investigator, that would cause too many issues and likely alert the subject to the investigator’s presence in the area. Therefore, private investigators have to do their best to not be discovered while determining this information.
While a private investigator might not be attempting a malicious pretext, there are individuals in the world that are out to defraud people with the use of a pretext. In those cases, yes, pretexting in that manner would be illegal.
Is Pretexting Unethical?
If an investigator uses a pretext in a legal manner to find a missing person, would a reasonable person consider that unethical?
If a pretext is used to solve a murder case, would a reasonable person consider that unethical?
When a private investigator talks to a neighbor and asks if they have seen their lost dog and enquires about the subject of an investigation discretely during the pretext conversation, would a reasonable person consider that unethical?
If you are familiar with the television show, To Catch a Predator, the show uses a pretext to catch pedophiles who thought they were going to have a sexual encounter with a minor. Is this a bad thing? Is this unethical?
If all pretext scenarios are done legally, I don’t think anyone would consider this an unethical practice.
The problem with the word pretext is the act of a pretext isn’t always done for good. Some people use a ruse for unethical and illegal things. However as I have detailed in the article, pretexting isn’t always done in a malicious manner.
If you would like to protect yourself from any type of pretexting, make it a good practice to never give out personal or sensitive information to strangers over the phone especially if they call you. If someone claims to be from an institution requestion information, hang up with them, and call a known number of the institution (not the number that called you unless they are one and the same) again.
As a 16-year veteran of the private investigation industry, it is my hope that after reading this you have a better understanding of pretexting and how it is used by private investigators legally.
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