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Witness Statement Checklist; Motor Vehicle Accident (MVA)

NEW NEWS:   New York passes law making it illegal to list short-term rentals on Airbnb (update 01.13.2017) Unless you’re renting it out for longer than 30 days, renting out your apartment in NY is against the law.

car-accident

Witness statements are critical to just about every case a lawyer undertakes.   Among the many items that a thorough statement provides the attorney, the initial intake should contain verification of the incident occurrence, liability potential and causal factors.  For the purpose of being thorough, we have developed proprietary witness statement checklist for various types incidents – ranging from motor vehicle accidents (MVAs) to construction site accidents to elevator/escalator incidents and everything in between.  Below is a sample of our standard MVA witness statement checklist. (Of course, each incident is unique so the investigator taking the statement should be aware of all of the comments made by a witness, including those not listed on this checklist.)

===============================================================================

MVA WITNESS STATEMENT CHECKLIST

This checklist contains items that must be addressed for a witness statement to be considered complete.  (One checklist per vehicle involved.)

1. WITNESS PEDIGREE (to include name, address, phone, DOB, SSN, employment/education and licensed driver info)

2. WEATHER CONDITIONS (including possible glare)

3. LIGHTING CONDITIONS

4. SURFACE CONDITIONS (roadways, shoulders…)

5. DEBRIS/CONSTRUCTION PRESENT

6. DESCRIPTION OF ROADWAY (# of lanes, travel direction, divider present…)

7. TRAFFIC SIGNS/ DEVICES/ PRESENCE OF TRAFFIC AGENT

8. DIRECTION OF TRAVEL OF PARTICIPANTS (drivers/pedestrians…)

9. DESCRIPTION OF ACCIDENT (detailed)

10. ALCOHOL/DRUG INVOLVEMENT

11. WHERE WAS THE DRIVER GOING?

12. RATE OF SPEED

13. FORCE OF IMPACT

14. DAMAGE TO VEHICLE (detailed)

15. POSITION OF OCCUPANTS

16. OBSERVABLE INJURIES SUSTAINED (detailed)

17. MEDICAL ATTENTION RENDERED AT SCENE

18. EMERGENCY/OFFICIAL VEHICLE AND PERSONNEL RESPONSE

19. POSITION OF VEHICLE AFTER IMPACT

20. SUMMONSES ISSUED

21. STATEMENT(S) MADE AT SCENE

22. ADDITIONAL WITNESSES

23. WAS THE VEHICLE TOWED? WHERE?

Our witness statement reports contain not only the witness statements themselves, but assessments of the witnesses interviewed (and the packet can be expanded to a full site survey which includes diagrams, 360-degree photos/video, 3-d modeling, if required. light sequences and full measurements).  The investigator is usually the first in the field, well before the attorney takes a witness’ deposition months from the date of occurrence, therefore, it is vital for the attorney, from the outset,  to have an indication of the witness’ recall, stability and ability to withstand examination.

BNI Operatives: Situationally aware.

As always, be safe.

 

Alexa, Can You Dial 911 While Recording My Murder? The Electronic Ear & The Law.

policeline

Unless you are living under the proverbial rock, I’m sure by now that you’ve heard of the criminal case in Arkansas which has the police subpoenaing Amazon for the cloud-maintained audio files that may have been recorder by  the alleged murderer’s IoT gadget, the personal electronic assistant known as Echo.

Case Background (as featured in Engadget):

Amazon’s Echo devices and its virtual assistant are meant to help find answers by listening for your voice commands. However, police in Arkansas want to know if one of the gadgets overheard something that can help with a murder case. According to The Information, authorities in Bentonville issued a warrant for Amazon to hand over any audio or records from an Echo belonging to James Andrew Bates. Bates is set to go to trial for first-degree murder for the death of Victor Collins next year.

Amazon declined to give police any of the information that the Echo logged on its servers, but it did hand over Bates’ account details and purchases. Police say they were able to pull data off of the speaker, but it’s unclear what info they were able to access. Due to the so-called always on nature of the connected device, the authorities are after any audio the speaker may have picked up that night. Sure, the Echo is activated by certain words, but it’s not uncommon for the IoT (Internet of Things) gadget to be alerted to listen by accident.

Police say Bates had several other smart home devices, including a water meter. That piece of tech shows that 140 gallons of water were used between 1AM and 3AM the night Collins was found dead in Bates’ hot tub. Investigators allege the water was used to wash away evidence of what happened off of the patio. The examination of the water meter and the request for stored Echo information raises a bigger question about privacy. At a time when we have any number of devices tracking and automating our habits at home, should that information be used against us in criminal cases?

Bates’ attorney argues that it shouldn’t. “You have an expectation of privacy in your home, and I have a big problem that law enforcement can use the technology that advances our quality of life against us,” defense attorney Kimberly Weber said. Of course, there’s also the question of how reliable information is from smart home devices. Accuracy can be an issue for any number of IoT gadgets. However, an audio recording would seemingly be a solid piece of evidence, if released.

Just as we saw with the quest to unlock an iPhone in the San Bernardino case, it will be interesting to see how authorities and the companies who make smart home devices work out the tension between serving customers, maintaining privacy and pursuing justice.

Update: An Amazon spokesperson gave Engadget the following statement on the matter:

“Amazon will not release customer information without a valid and binding legal demand properly served on us. Amazon objects to overbroad or otherwise inappropriate demands as a matter of course.”

As a refresher, Echo only captures audio and streams it to the cloud when the device hears the wake word “Alexa.” A ring on the top of the device turns blue to give a visual indication that audio is being recorded. Those clips, or “utterances” as the company calls them, are stored in the cloud until a customer deletes them either individually or all at once. When that’s done, the “utterances” are permanently deleted. What’s more, the microphones on an Echo device can be manually turned off at any time.

I think we will all find the ever-changing digital landscape an interesting venue for the evolution of electronic law. The ramifications of the anticipated ruling may change the way we view individual privacy forever.  If we don’t have a reasonable expectation of privacy in our own homes… where then?

We will be following this case with particular interest and will bring you updates as developments occur.

Until this case resolves, and if you own a digital personal assistant,  you might want to drop that habit of talking to yourself.  The walls literally have (electronic) ears.

BNI Operatives: Situationally aware.

As always, stay safe.

 

 

From Document Unshredders To Bionic Ears: Our Top Five Cool Tools For 2017

cool-tech

From tiny ear buds that allow you to isolate and perfectly hear the conversation at the table across the restaurant from you to an unshredding program that will reconstruct the ripped up evidence letter, 2017 promises to be a banner year for those in need of these type of cool tools.

Below is our selection of the top five cool tools for 2017:

1. Bionic Earbuds For People Who Can Hear: Here (Bionic Ear)

 here
At first, the idea of a hearing aid for people who can already hear just fine seems ridiculous — but if you entertain it for a second, it starts to make a bit more sense. Imagine what it would be like if, with the help of technology, you could make your already good hearing better. What if you could filter out certain noises and amplify other ones to customize what you can hear? Well, if NY-based startup Doppler Labs has its way, you might soon be able to.Doppler’s product, which it showed off this year at CES, is called Here. It’s essentially a set of earbuds that gives you the ability to selectively filter and amplify sounds from the world around you in real time, thereby allowing you to fine-tune your hearing for certain environments. If properly adjusted, this little gizmo (which its creators refer to as the world’s first “hearable tech” device) could help you do things like hear your dining partner better in a crowded restaurant, understand your friends at loud concerts without them screaming in your ear, or even eavesdrop on people from the other side of a room. 

2. Non-Invasive Alcohol Testing Sensor:  Tru Touch Technology

tru-touch

The TruTouch networked, self-calibrating, biometric alcohol sensor is designed for unattended “At the Gate” detection of the alcohol impaired before they can enter a worksite.

The technology: We humans are made up of hundreds of organic chemical compounds that are naturally present in all of us. Alcohol isn’t one of them. Using infrared light the TT2500 machine (shaped like a portable ATM) detects alcohol out of all of the other chemicals that make up the skin of the person touching the sensor and measures the exact amount of the alcohol that isn’t supposed to be there.

The Tru Touch Dermal Sensor is an awesome tool in such fields as transportation, law enforcement and community rehabilitation programs.

3. Completely Anonymous Browsing: The TOR browser.

tor-browser

The Tor software protects you by bouncing your communications around a distributed network of relays run by volunteers all around the world: it prevents somebody watching your Internet connection from learning what sites you visit, it prevents the sites you visit from learning your physical location, and it lets you access sites which are blocked.

Tor Browser lets you use Tor on Windows, Mac OS X, or Linux without needing to install any software. It can run off a USB flash drive, comes with a pre-configured web browser to protect your anonymity, and is self-contained (portable).

unshredder
Unshredder –  Overview

Unshredder is a simple program that unleashes the power of a desktop computer to reduce the time consumed by investigators reconstructing shredded documentary evidence.

Until now the only alternative to manual processing was to engage a third party to process the work on computers at their premises. By comparison to external processing of the evidence Unshredder reduces the turnaround time, keeps full control of the investigation in-house and there is less risk of a security risk or loss of the evidence.

 The original shreds remain unchanged from the process and the integrity of the original is captured electronically to be printed or dispatched electronically by wire or disc.

Learning to use Unshredder is straight forward for anyone with basic computer skills, the menu is used to select an action and user input when required is entered into a dialogue box. The user interface uses a menu system and common controls to provide an intuitive application that completes work with minimal input from the user.

During document reconstruction the job can be previewed allowing minor adjustments to be made until the end result meets the standard required. When satisfied with the results the job is saved to disk ready to be printed, emailed or copied for future reference. Unshredder can reconstruct a broad range of documents including strip-shred, cross-shred and torn pages rapidly achieving accurate professional

5. Temporary Disposable Email Addresses

guerrila-mail

Avoid spam, email anonymously and stay safe by using a disposable email address generated by guerrillamail.com.

We hope you will all be responsible and not get yourselves jammed up with law enforcement.  Be aware of, and stay current on the local and federal privacy laws.

Enjoy a happy, healthy, safe, and prosperous 2017!

BNI Operatives: Situationally aware.

As always, stay safe.

Happy Holidays & Happy New Year, 2017!

happy-holidays

Wishing our readers, and all, a very happy, joyous and safe holiday season and a prosperous, healthy and peaceful New Year!
 
– the BNI team

How To Access Your State’s Victim Compensation Funds.

crimevictimcompensation

Although we hope our readers never need to access their state’s victim funds, they should know that these services and compensation are available.  (We use New York as the example state for this article but the process is virtually identical in all of the states. There is also a federal Office for Victims of Crime (OVC).  The OVC’s mission, however, covers such areas as human trafficking, mass violence (riots) and terrorism. The purpose of this article is to provide more local information.)

History

The State of New York’s commitment to its innocent victims of violent crime began with the creation of the Crime Victims Compensation Board in 1966, now named the Office of Victim Services (OVS). As of June 22, 2010, the Crime Victims Board (CVB) became the Office of Victim Services (OVS) and has been providing compensation and other services to one of the most vulnerable populations in our State – innocent victims of crime – for more than 40 years.

Mission

OVS has a three-tiered mission to:

  • provide compensation to innocent victims of crime in a timely, efficient and compassionate manner;
  • fund direct services to crime victims via a network of community-based programs; and
  • advocate for the rights and benefits of all innocent victims of crime.

Compensation

OVS provides substantial financial relief to victims of crime and their families by paying unreimbursed crime-related expenses, including but not limited to: medical and funeral expenses, loss of earnings or support, counseling costs, crime scene clean-up expenses, the cost to repair or replace items of essential personal property, reasonable and necessary court transportation expenses, assistance to crime victims acting as a good Samaritan, the cost of residing at or utilizing the services of a domestic violence shelter, and limited attorney fees.

The agency is a payer of last resort, which means:

  • A crime victim or family member must exhaust all other sources of compensation before OVS can assist.
  • For example, benefits must first be obtained from health or other insurance policies or workers’ compensation before the agency can provide compensation.

Who may be eligible for compensation?

  • The victim must be an innocent victim of the crime. By law, OVS can reduce an award or deny a claim if the agency determines that a person’s conduct contributed to their injuries.
  • Victims of crime who were physically injured as a result of the crime
  • Victims of crime who are under 18, 60 and over, or disabled, who were not physically injured
  • Certain relatives and dependents, including surviving spouse, child, parent, brother, sister, stepbrother, stepsister, stepparent or person primarily dependent on the victim for support
  • Those who paid for or incurred burial costs for an innocent crime victim
  • Child victims, a child who witnesses a crime, and the child’s parent, stepparent, grandparent, guardian, brother, sister, stepbrother or stepsister
  • Certain victims of unlawful imprisonment or kidnapping
  • Certain stalking victims
  • Victims of terrorist acts outside of the US who are a resident of New York State
  • Victims of frivolous lawsuits brought by a person who committed a crime against the victim

What other steps are necessary to be eligible?

  • Report the crime within one week to police or another criminal justice agency
  • File a claim with OVS within one year of the crime
  • If late with either crime reporting or claim filing, justify the delay in writing
  • Cooperate with police, the district attorney’s office and OVS

If you believe you are eligible for relief or reimbursement from the NYS OVS, file a claim here.  To ensure process efficiency, have all of your related documentation together before contacting the agency.

And now, this week in:

NEW NEWS:  “All New York State IDs are currently acceptable to use for REAL ID purposes, such as getting into federal buildings and for use to board domestic flights,” said DMV Executive Deputy Commissioner Terri Egan. “We anticipate that all documents now issued will remain acceptable until October 1, 2020.

BNI Operatives: Situationally aware.

As always, stay safe.

 

Class Action Lawsuits: How To Research, Initiate or Submit Claims.

 

class-action

Whether it is a credit card APR suddenly shooting through the roof or a defective product that has caused  serious injury, if you have been on this earth long enough, sooner or later you will scream, “Someone should sue these people!”  Now you can check and see if someone has done just that – initiated litigation about a product, service or company.

TopClassActions.com hosts a very informative site that provides information on the following:

  • Class Action Suit News (On consumer products, drugs, medical devices, labor & employment, stocks & securities, etc.)
  • Settlements (Open and Closed)
  • Investigations (Into class actions, product liability, personal injury and more)

You can even submit a claim on the site on open class action suit that have been resolved and a pay-out fund established.  There are dozens of these settlements that you can review, from the Uber gratuity charge action to the My Pillow refund due all who purchased this product.  Check the up-to-date settlement database here. 

The site even contains a section where you can check the top class action lawsuits in the news and in which you may have a stake.  For example, the current top class action suits include:

POPULAR SETTLEMENTS

Ford Lincoln spark plug class action settlement

Ford, Lincoln Spark Plug Class Action Settlement

Electrolux class action lawsuit

Electrolux Dryer Class Action Settlement

Johnson's Bedtime Bath class action lawsuit

Johnson’s Bedtime Bath Products Class Action Settlement

car class action lawsuit

Auto Parts Price-Fixing Class Action Settlement

milk price-fixing settlement

Fresh Milk Products Price-Fixing Class Action Settlement

NEC-disk-drive

Optical Disk Drive Indirect Purchaser Class Action Settlement

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New News: The National Insurance Crime Bureau (NICB) has gotten hold of a “mystery device” that thieves have been spotted on security cameras using to electronically open and start cars. More.

BNI Operatives: Situationally aware.

As always, be safe.

 

Staying Safe and Your Chances of Dying Otherwise.

New News:   Uber can now track passengers’ locations after they are dropped off even when the app is closed.

(We hope you are enjoying our new feature above. In New News, we bring you the latest info bytes relating to the law, legality, security, privacy concerns and things that catch my attention that I think will interest you. The link will take you to the source article.)

Beacon Bulletin

It’s that time of the year for our annual holiday safety article. You may think you know this all, you’ve heard a million holiday tips by now, it’s all common sense… that may all be true but a) everyone needs a reminder about personal safety every so often and b) we’ll keep it real and try to keep it interesting!

  1. If you are carrying a wallet, keep it in a front pocket. If you carry your wallet in your bag, close the zipper and keep the zipper side in front of you on your shoulder or in your hand.
  2. If walking on a sidewalk near a street, always walk facing the traffic to avoid being surprised by someone in a vehicle.
  3. Contrary to what we’ve heard often – to avoid eye contact – personal safety experts advise you to do the exact opposite. If someone is walking behind you or approaching you and you are unsure of their intent, make direct eye contact with them to let the person know that you are aware, you see them and you are not a victim.
  4. In your cell phone contacts, program “ICE,” which stands for “in case of emergency,” linking it to a family member or friend…someone you trust the police, firemen or other authorities to call if you are unable to call for yourself.
  5. Install a mirror app on your smartphone so that you can see who is behind you if you feel the need to do so.
  6. When approaching your home or vehicle, never fumble in your pocket, purse or bag for keys; have them in your hand prior to reaching the door.
  7. When approaching your parked car, look and make sure no one is hiding in or around your vehicle, especially in the back seat.
  8. When on public transportation, cover your jewelry. Turn stone rings toward the palm side of your hand.
  9. AAA and many other companies offer smartphone applications that enable motorists to request help without making a phone call.  Download them before you need the help.
  10. Keep your space: intimate space = 0 to 1.5 feet; personal space = 1.5 to 4 feet; social space = 4 to 12 feet; and public space = 12 feet or more.

The above was the real part and now for the interesting:

Read below how you have a better chance of being legally executed than dying from a dog bite.  Yes, these are United States stats.

Also, these odds are statistical averages over the entire U.S. population and do not necessarily reflect the chances of death for a particular person from a particular external cause. Odds of dying are affected by an individual’s activities, occupation, and where he or she lives and drives, among other things.

Given that the odds of dying from all possible causes are 1 in 1, worry about the ones you have some control over. Here are the lifetime odds of death for selected causes, from most likely to least:

Cause of Death Odds of Dying
Heart Disease and Cancer 1 in 7
Chronic Lower Respiratory Disease 1 in 27
Intentional Self-harm 1 in 97
Unintentional Poisoning By and Exposure to Noxious Substances 1 in 103
Motor Vehicle Crash 1 in 113
Fall 1 in 133
Assault by Firearm 1 in 358
Pedestrian Incident 1 in 672
Motorcycle Rider Incident 1 in 948
Unintentional Drowning and Submersion 1 in 1,183
Exposure to Fire, Flames or Smoke 1 in 1,454
Choking from Inhalation and Ingestion of Food 1 in 3,408
Pedacyclist Incident 1 in 4,337
Firearms Discharge 1 in 7,944
Air and Space Transport Incidents 1 in 9,737
Exposure to Excessive Natural Heat 1 in 10,784
Exposure to Electric Current, Radiation, Temperature and Pressure 1 in 14,695
Contact with Sharp Objects 1 in 30,860
Cataclysmic Storm 1 in 63,679
Contact with Hornets, Wasps and Bees 1 in 64,706
Contact with Heat and Hot Substances 1 in 69,169
Legal Execution 1 in 111,439
Being Bitten or Struck by a Dog 1 in 114,622
Lightning Strike 1 in 174,426

Source: National Safety Council estimates based on data from National Center for Health Statistics–Mortality Data for 2013, as compiled from data provided by the 57 vital statistics jurisdictions through the Vital Statistics Cooperative Program. Deaths are classified on the basis of the 10th revision of the World Health Organization’s The International Classification of Diseases (ICD). For additional mortality figures, and estimated one-year and lifetime odds, see Injury Facts® 2016 Edition, pages 40-43.

BNI Operatives: Situationally aware.

As always, and especially during the holiday season, stay safe.

Who’s Your Daddy? Top 8 Paternity & Ancestry Home Tests

dna-test

Several of our readers have asked us to recommend home DNA tests.  After careful research, we suggest these top eight home DNA kits, bearing in mind that all require send away to a laboratory for testing.  Several of the models include legal certification but obviously the sample collection chain must be sworn to by the collector.  We’ve added links to each test for your review of test specs.  Just remember one thing in any kind of testing of this kind – the child involved is an innocent.  Keep that in mind.

  1. Ancestry.com – Will delete or destroy physical test results if requested.
  2. SwabTest – All legal DNA tests are fully admissible in court in every state in the USA.
  3. HomeDNA – The markers analyzed include the same 13 markers used by the FBI for human identity testing.
  4. Identigene – Court-admissible by New York State Department of Health (NYSDOH) guidelines.
  5. National Geographic Geno 2.0 –  Can find out if you have Neanderthal ancestry
  6. Paternity Depot – May be able to distinguish between identical twins.
  7. RapidDNA – Quality Assurance Standards for Forensic DNA Testing issued by the Director of the FBI.
  8. Endeavor Paternity Test – Not available for New York State.

Several important things to know about DNA testing: (from Ancestry.com)

Purpose
Before you order a DNA test, know what kind of test you’re looking for. Paternity tests and ancestry DNA tests are very different, and most vendors don’t offer both kinds to consumers. If you’re interested in finding out about whether or not you have Eastern European roots, an ancestral test can give you that information. If you want to know if a child’s alleged father is correct, a paternity test does the job. Pricing and timelines for the two procedures are very different.

Collection Process
Most of these DNA samples can be collected in your home, unless otherwise specified. The most common form of collection is through a cheek swab because it’s quick and painless. However, some labs allow submission samples from toothbrushes, gum or other body fluids.

Timeline
Ancestry DNA tests are typically slower to process than paternity tests. Part of this is due to the time sensitivity of paternity tests, and part of this is due to the size of the database an ancestry test is using. When you’re looking into your ethnicity, the lab specialists are comparing your DNA with thousands of other samples to identify your deep-seeded roots. In paternity tests, they’re only looking at a couple of samples.

Paternity tests are stressful enough, and they’re often tied up in legal disputes. Because of this, time is usually of the essence. You can usually get your results in a week or less, but some companies offer expedited options. Before buying, look at how quickly you can expect to get your results.

Legality
This is more relevant to paternity tests, because such tests can be used in court proceedings. In order for a test to be admissible in court, certain procedures must be followed. Some companies accommodate for this, while others explicitly state that their tests cannot be submitted.

Accreditation
There are many standards and levels of accreditation for genetic testing labs. Genetic testing is an intensive and complex process, so it’s important that your lab is up to date, safe and secure.

Of all times when the Reagan quote, “Trust but verify” applies, perhaps no more so than with paternal testing. Just remember, again, that the child had no choice in the matter.

BNI Operatives: Situationally aware.

As always, stay safe.

Happy Thanksgiving, 2016!

happy-thanksgiving

Wishing our readers a very happy, healthy and safe Thanksgiving!  

May you have much to be thankful for and continued blessings into the New Year that is just around the corner!

Spokeo, BeenVerified, LexisNexis – How Reliable Are These Information Brokering Services?

data-symbols

 

(Going into our tenth year now of publication, the Beacon Bulletin will shortly be bringing our readers much more real time information in an updated format. Wait for it!  You’ll see changes in the coming weeks that will lead to a more comprehensive weekly newsletter that will include timely information such as new regulations that will affect us in the immediate future, new field-related gear that will invariably result in better capture of evidence  and all sorts of good stuff like that.  I’m going to start this upgrade with a timely tip on cashless tolls in the NYC area at the bottom of this week’s Beacon Bulletin. Enjoy the read.)

It seems that very time you log on now, there is a new information brokering service that promises to reveal all sorts of private information that will solve your curiosity about your new boyfriend, your nanny or the new boss.

Before you determine the validity and timeliness of the information you receive on these sites, let’s explore how personal information is publicly collected and disseminated.

First, let me dispel the notion that you can get deeply unique identifying data such as full, untruncated Social Security numbers via any public information broker such as Spokeo, BeenVerified, InstantCheckmate, LocatePlus, etc.

That’s because with the introduction of the Grimm-Bliley-Leach Bill in 1995, there are technically only 12 permissible purposes (and a vague No. 13 for Other which basically means the feds) that will allow an investigator or other legal/law/investigative field specialists to obtain this type of private information.

Permissible Purposes
Excerpt from the GLB (Gramm-Leach-Biley Act)Except for the amendments made by subsections (a) and (b), nothing in this title shall be construed to modify, limit, or supersede the operation of the Fair Credit Reporting Act, and no inference shall be drawn on the basis of the provisions of this title regarding whether information is transaction or experience information under section 603 of such Act.What are permissible purposes?1. Legitimate Business Transaction (FCRA)

1. Consumer initiated.

A business transaction that is initiated by the consumer; or to review an account to determine whether the consumer continues to meet the terms of the account.

2. Collection/Extension of Credit (FCRA)

In connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer. Asset searches may not be used to determine a consumer’s eligibility for insurance, credit, or employment.

3. Employment Purposes (FCRA) 
In connection with a consumer’s employment. Asset searches may not be used to determine a consumer’s eligibility for insurance, credit, or employment.

4. Consumer Insurance (FCRA)

In connection with the underwriting of insurance involving a consumer. Asset searches may not be used to determine a consumer’s eligibility for insurance, credit, or employment.

5. Government License or Benefit (FCRA)

In connection with a determination of the consumer’s eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicant’s financial responsibility or status.

6. Response to a Court Order (FCRA)

In response to the order of a court having jurisdiction to issue such an order, or a subpoena issued in connection with proceedings before a Federal grand jury.

7. Written Instruction by a Consumer (FCRA)

In accordance with the written instructions of a consumer.

8. Investor, Servicer, or Current Insurer (FCRA)

In connection with a valuation of, or an assessment of the credit or prepayment risks associated with an existing credit obligation for a consumer.

9. Child Support Enforcement (FCRA)

In response to a request by the head of a State or local child support enforcement agency (or a State or local government official authorized by the head of such an agency) or to set a child support award.

10. Law Enforcement (FCRA)

For use by any Law Enforcement Agency, or any officer, employee, or agent of such agency in carrying out its official duties with proper authorization.

11. Fraud Detection/Prevention (Non-FCRA)

For use to protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability.

12. Civil or Criminal Investigation (FCRA)

13, Other (Official, law enforcement)

 

As you can see, nowhere in that list is “The desire to know”.  So conclude that the data that you can obtain from info brokers is not deep knowledge or up to the minute.

Information brokering sites like Spokeo, BeenVerified, InstantCheckmate,LocatePlus, etc. collect and then offer – for a fee – publicly available data from such entities as Town, Village or City Clerk offices, local DMVs, tax registrars, utility companies, subscriptions and credit reporting agencies.  Also, lately they have begun to add in social media data such as email addresses and sites to which you are registered (so be careful, SingleSueInSyosset, if you are not).  It takes time for all of this data to process and be attached to the correct person so the lag time to, let;s say, your new address appearing in these public records is generally anywhere from eight to eighteen months and possibly longer.

So if you really need deep information and have a legitimate purpose, hire a recommended private investigator,

IN THE NEWS: CASHLESS TOLLING IS COMING TO NYC

Cashless tolling is coming to the Hugh L. Carey and Queens Midtown Tunnels in January, and to all MTA bridges by the end of 2017. That means nobody will have to stop, weave or merge into a different lane at the toll plaza ever again. Since you already have E-ZPass, you can keep paying your tolls as usual. Just take a moment to make sure:

  1. Your E-ZPass tag is mounted properly – so it can be read it and give you a 30–50% discount every time
  2. Your license plate is registered to your E-ZPass account accurately – to make sure you avoid getting toll bills in the mail

BNI Operatives: Situationally aware.

As always, stay safe.

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