I just got a call at my business from some "liability investigator" from some law firm. He was asking for the previous owner, who hasn't owned the business for almost 4 years. I said he's not available. He persisted, so I told him this person no longer owns this business. Mr. investigator then says: "I didn't ask you if he still owned the business"...so tries to tell me how I'm now involved in the matter and need to comply...I told him to take a hike, and hung up.

He calls back and says, "that wasn't the smartest thing you could've done. Hanging up on me after I told you who I was and from a law firm in Newport Beach. He also asked for the cell phone of the current owner.

Stuff like this has happened before, as it seems the previous owner might have had a troublesome past.

In a situation like this, are you required to release any information over the phone? does it matter which authority calls? and how would you verify it?

 

You are not required to release any such information.

If a proper authority requires that information they'll do so in person, with a subpoena.

If he calls again tell him that there are a lot of jerks who live or work in Newport Beach and a lot more who can claim over the phone to do so. Then hang up.

 

Tell him to shove it. Nothing MUST be released over the phone. If he was an actual offical (a lawyer is not an offical) with serious business, he would come in person with a court order.

 

You are not required to answer anything over the phone, and could actually be liable if he is a fraud and you get someone in trouble.

 

Yeah that's bullshit.

In your shoes I would release nothing. He's trying to strong-arm you and all you have to do is politely indicate that as a result of your corporate privacy policy you will not be releasing any information to him without court-order. (or written permission from the person whose information you would be releasing).

If they won't stop and claim they have the authority, ask them to prove it by means of some sort of document indicating they have the right to obtain this information.

Stand strong man.

 

^ Very true!

Different privacy legislation in different geographical areas and industries, but you will never get in trouble for erring on the side of caution.

 

yeah I know he was just trying to strong arm me to get a hold of this person. I told him to take a hike politely. I was just curious of a different type of authority were to ever call, would I have to release any information. You guys have clearly answered that question. Thanks.

 

unless his name is vinny or guido and he has a jersey accent, you're pretty safe to ignore this guy.

 

privacy act of 1974

but thats with goverment agencies.

 

Word. Just like there are legal procedures to filing suit against someone, there are legal procedures when investigating.
Lawyers call us frequently hoping to make us think we're backed into a corner and squeezing any info from us.
Even the acknowledge of someone/something could be a lead to them that could get you in deep waters.
Whenever you or your affiliates are in litigation always keep those lips shut and make the opposing side work for it legally.