Massachusetts and Federal Law Relevant to Investigations
This domain tests the Massachusetts and federal statutes that decide what an investigator may collect, how, and to whom it may be disclosed.
Recording and location privacy
M.G.L. c. 272, § 99 prohibits secretly recording oral communications without the consent of all participants; violations carry criminal penalties and a civil remedy. Massachusetts courts require a warrant for GPS tracking of a vehicle (Commonwealth v. Connolly) and for historical cell-site location records (Commonwealth v. Augustine). Video without audio in public is generally permissible, but surreptitious recording in private places violates c. 272, § 105.
Records and databases
- CORI: M.G.L. c. 6, §§ 167A–172. Access is tiered by purpose; a PI may request CORI only for a permitted purpose and may not redistribute it.
- Driver records: the Driver's Privacy Protection Act, 18 U.S.C. § 2721, permits licensed investigative agencies to obtain records for purposes such as litigation and insurance investigation, with a certified permissible use.
- Consumer reports: the FCRA, 15 U.S.C. § 1681, applies when a PI furnishes background information about a person to a third party for employment, credit, or housing decisions - disclosure, written authorization, and adverse-action notices are required.
Pretexting limits
The GLBA, 15 U.S.C. § 6821, bars obtaining financial information by false pretenses; 18 U.S.C. § 1039 covers telephone records; the Stored Communications Act, 18 U.S.C. § 2701, bars unauthorized access to stored electronic communications. Massachusetts adds c. 93A (unfair or deceptive practices), c. 93H (breach notification), and 201 CMR 17.00 (written information security program).
Worked example
A client wants a pre-employment background check on a candidate. You obtain a signed FCRA disclosure and authorization, order a driving record with a DPPA certification for a permitted purpose, and request CORI only with the candidate's consent for an authorized purpose. You do not call the candidate's bank posing as him to get account balances - that is GLBA pretexting.
Traps
Assuming Massachusetts is one-party consent; obtaining DMV records without a certified purpose; passing CORI to a client not authorized to receive it; and treating a public social media profile as free to use for any purpose.