Laws and limits
What Is Pretexting, and Why Is It Illegal?
Pretexting means lying about who you are to get information. For some kinds of records, it's a federal crime.
Key points
- Pretexting for phone records is a federal crime
- Pretexting for financial information is prohibited
- Reputable detectives refuse
What it is
Calling a phone company while pretending to be the account holder, or posing as a bank employee to get account details, are classic examples.
The law
The Telephone Records and Privacy Protection Act of 2006 makes obtaining phone records by pretexting a federal crime. The Gramm-Leach-Bliley Act prohibits obtaining customer financial information from financial institutions by false pretenses. Impersonating police or officials is also illegal.
Why it matters to clients
Evidence obtained by pretexting can be excluded and expose the client to liability. Scandals involving pretexting have led to prosecutions and civil suits.
What detectives do instead
Public records, lawful interviews, surveillance and legal process through attorneys.
Common questions
Is any pretexting legal?
Some limited ruses may be lawful in some contexts, but obtaining protected records by false pretenses is not. Reputable detectives avoid deception that crosses legal lines.
What if a detective offers it?
Decline and find another detective.
Can I be liable if my detective pretexts?
Potentially. That's why method matters.
This guide is general information, not legal advice. Laws change and vary by state; consult an attorney about your situation. See our legal disclaimer.
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