The Process Server Advertising 'Full Investigations'
A Georgia company called QuickServe Legal Support advertises 'process serving, skip tracing, background checks, and full surveillance investigations.' It has no private detective company license. The owner, Luis, says he only serves legal papers and that the investigations are 'consulting' performed by two independent contractors. The contractors interview neighbors, conduct mobile surveillance, and prepare reports for attorneys. QuickServe's website displays a license number that belongs to a different, licensed company and lists a 'case manager' who is not registered. A licensed investigator files a complaint with the Board. Luis tells the contractors to stop using the word 'investigation' in emails and to change the website before Board staff call. The Board opens an investigation. Discuss whether QuickServe's activities require a license, what the advertising issues are, and how the contractors should respond.
1. Do QuickServe's activities require a Georgia private detective company license?
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Yes, based on the described activities. A company that holds itself out to perform background checks, skip tracing, surveillance, and investigative reports for attorneys is engaged in the private detective business. Labels such as 'consulting' or 'process serving' do not control; the substance of the work does. Interviewing neighbors about a subject, conducting mobile surveillance, and preparing investigative reports go beyond merely serving legal papers. Using independent contractors does not avoid the licensing requirement if the company is providing investigative services to clients. QuickServe should stop advertising and performing those services until it obtains the proper company license and registers its investigators, or it should limit itself strictly to process serving.
2. What problems arise from the website's license number and unregistered case manager?
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Displaying another company's license number is deceptive and could constitute a misrepresentation to the public and to the Board. It also harms the licensed company whose number is being used. Listing an unregistered person as a case manager may imply that the person is authorized to manage investigative work when that is not true. Changing the website after a complaint does not erase the earlier advertising; the Board can consider screenshots, archived pages, and client statements. Luis's instruction to stop using the word 'investigation' is cosmetic and may look like an attempt to conceal conduct rather than correct it. The company should correct the website accurately and preserve records of the prior claims.
3. How should the independent contractors respond to the Board investigation?
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The contractors should cooperate truthfully and should not alter or delete emails, reports, or client files. They should stop performing investigative work for QuickServe unless they are properly registered and working through a licensed company. If they are separately licensed or registered, they should clarify their status; if they are not, they should not hold themselves out as investigators. They should provide the Board with accurate information about who directed the work and how clients were obtained. Following Luis's instruction to scrub the word 'investigation' from records could be obstruction or a false response. They should consider separate counsel because their individual registrations and potential unlicensed activity may be at issue.