QuestionQ12

Federal Privacy Laws

Which statute would permit Evan to conduct an undercover investigation?

  • A The Whistleblower Protection Act
  • B The Stored Communications Act (SCA)
  • C The National Labor Relations Act (NLRA)
  • D The Fair and Accurate Credit Transactions Act (FACTA)
Explanation

The Fair and Accurate Credit Transactions Act (FACTA) amended the Fair Credit Reporting Act to exclude certain communications to an employer made in connection with an investigation of suspected employment-related misconduct from the definition of a consumer report. That provision accommodates an employer’s use of an outside investigator to investigate suspected employee theft or other misconduct. 15 U.S.C. § 1681a

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