Is running a background check website legal?

DaemonSeid · #1 02-13-2010, 05:21 PM

GC Legal Eagles

k...I just saw this crap on TV and gave it a quick try

http://www.beenverified.com/

For the basic info I was able to pull it made me a bit nervous.

Thoughts on this?

How is this legal to do???

TitaniumGene · #2 02-13-2010, 05:51 PM

I don't want to register, but what sorts of information does it provide. If it only provides a name, address, and phone number, then it's pretty much an online phonebook.

Little32 · #3 02-13-2010, 06:34 PM

I had a similar experience with a different website, which I won't post here. I called a lawyer friend of mine to ask about it. He basically said that because such sites use information that is a matter of public record, I did not necessarily have any rights with regards to the information that they listed.

Of course, even though the information is stuff that is in the public record, having it compiled in that way, so that it is easily accessible presents all sorts of possibilities for people with criminal intentions. In my mind at least.

I contacted the folks that operated that website and they told me that they get their information by combing the web, and that once the information was not available on certain feeder sites, like the white pages, the information would disappear from their site as well. So I have been trying to get rid of information on the feeder sites, which is actually relatively simple.

My question now is one of liability. There was a lot of information out there about me too, and I have a pretty unique name, so I am rather easy to find. I wonder if something were to happen, if I had my identity stolen or was being stalked or something like that, would the people who run these background check websites face some sort liability, if it were found that their sites were used in the commission of the crime?

Kevin · #4 02-13-2010, 06:41 PM

If you know what you're doing, you often don't even need to use those pay sites. Since I do a lot of divorce/child custody type work, I've become pretty adept at digging for dirt on people here in Oklahoma County. Within about five minutes, I can know everything about any legal case you've been involved in at the District (County/State) court level, any speeding ticket, DUI or municipal offense, I can find your myspace page, Department of Corrections records, whether you own property or owe any secured debts, etc.

And if there's a real need, I have a private investigator who is excellent (and inexpensive). You'd be surprised what's public records, and for everything else, we acquire your trash

Little32 · #5 02-13-2010, 06:52 PM

Right, but at least you have to work for it. These sites make it so that absolute amateurs have easy access to a lot of information about a person for relatively little expense.

I try to do everything I can to protect my information. It is frustrating that sites like this make it so easy for people to gather information.

DaemonSeid · #6 02-13-2010, 10:42 PM

Exactly....Kevin for your line of work I understand...but for some random Joe Schmoe out there...that's who I fear.

Lasonja · #7 02-14-2010, 02:49 AM

I'm not a fan of it, but it's not like this is unheard of.

Kevin · #8 02-14-2010, 11:13 AM

Quote:

Originally Posted by DaemonSeid

Exactly....Kevin for your line of work I understand...but for some random Joe Schmoe out there...that's who I fear.

For my 'five minute background checks,' I really don't have access to anything Joe Schmoe doesn't. Just the knowhow. Westlaw has some crappy stuff that is part of one of my plans, but it's nothing I can't do with Google for free.

If you want a free site, check out www.pipl.com.

Now -- as far as some stuff, like credit report and such, I have my info with all three bureaus locked down. In addition to not receiving any credit card postal spam, I know that in the event someone actually did get enough of my details to start to go out and apply for those things, that they couldn't actually get anything because the credit bureaus are locked up until sometime in 2020 -- did this after the Secret Service called me and asked me whether I'd been transacting business in Virginia. Cost me $30.

That said, even if your ID is stolen, insurance and Lifelock are for suckers. You're not responsible for anything you don't buy. Of course, from my perspective, if they tried to sue me for past due debt I didn't transact, a trip to the courthouse wouldn't be a big deal for me.

DaemonSeid · #9 02-14-2010, 11:19 AM

Quote:

Originally Posted by Kevin

For my 'five minute background checks,' I really don't have access to anything Joe Schmoe doesn't. Just the knowhow. Westlaw has some crappy stuff that is part of one of my plans, but it's nothing I can't do with Google for free.

If you want a free site, check out www.pipl.com.

Now -- as far as some stuff, like credit report and such, I have my info with all three bureaus locked down. In addition to not receiving any credit card postal spam, I know that in the event someone actually did get enough of my details to start to go out and apply for those things, that they couldn't actually get anything because the credit bureaus are locked up until sometime in 2020 -- did this after the Secret Service called me and asked me whether I'd been transacting business in Virginia. Cost me $30.

That said, even if your ID is stolen, insurance and Lifelock are for suckers. You're not responsible for anything you don't buy. Of course, from my perspective, if they tried to sue me for past due debt I didn't transact, a trip to the courthouse wouldn't be a big deal for me.

I noted how quickly I haven't seen a Lifelock commercial ever since the founder got his info stolen...so nothing is really foolproof.

Kevin · #10 02-14-2010, 11:21 AM

Quote:

Originally Posted by DaemonSeid

I noted how quickly I haven't seen a Lifelock commercial ever since the founder got his info stolen...so nothing is really foolproof.

You apparently do not listen to right wing talk radio.

DaemonSeid · #11 02-14-2010, 11:23 AM

nah...enlighten me

Kevin · #12 02-14-2010, 11:26 AM

Just wanted to share a quick story.... Had one of those Maury Povich type clients last week... (will the real father please come on down!!!) and as we were going through the gentlemen-suitors to name in the paternity case, I went ahead and ran background checks on them. Neither guy has had any run-ins with the law (outside of traffic tickets). One is married... as to the later.. I hope he has a very understanding wife. Told you the story was quick.

This stuff is very useful in my profession, but if y'all are worried about privacy (I'm really not, you can figure out exactly who I am and what I look like and what I do and every case I've entered an appearance on in my life in about five minutes), then step one is to delete your social networking sites. In fact, that's one of the first things I tell new clients to do.

AGDLynn · #13 02-14-2010, 12:17 PM

http://gbi.georgia.gov/00/channel_mo...980209,00.html

Identity Theft Assistance

As for criminal histories, just remember that some states allow criminal histories maintained by the state crime bureaus to be confidential because it is a compilation of different agencies' information. More and more local agencies, esp. courts, are putting docket information on the web. We get phonecalls/emails about "someone being arrested with my identification"

In Georgia, you can't get a "complete" criminal history unless you have a signed consent release from that person, unless he/she is applying for a specific type of license or employment (i.e., sex crimes and wants to work with children/elderly/mentally ill) and you have the signed consent release and/or their fingerprints.
www.gbi.georgia.gov
click on Services
click on Obtaining Criminal History Information.

There is the Georgia Felony Search but if he/she is convicted for murder and the conviction isn't placed on the criminal history, the result will be "No Record".

The Ga. Dept of Corrections does maintain a website of most offenders incarcerated at some point but I wouldn't take that as an absolute.

ThetaDancer · #14 02-14-2010, 01:14 PM

Quote:

Originally Posted by Kevin

This stuff is very useful in my profession, but if y'all are worried about privacy (I'm really not, you can figure out exactly who I am and what I look like and what I do and every case I've entered an appearance on in my life in about five minutes), then step one is to delete your social networking sites. In fact, that's one of the first things I tell new clients to do.

If on facebook, for example, I have all of my privacy settings on "friends only" is it somehow still possible for people I'm not friends with to see things in my profile?

Benzgirl · #15 02-14-2010, 01:16 PM

Quote:

Originally Posted by AGDLynn

In Georgia, you can't get a "complete" criminal history unless you have a signed consent release from that person, unless he/she is applying for a specific type of license or employment (i.e., sex crimes and wants to work with children/elderly/mentally ill) and you have the signed consent release and/or their fingerprints.
www.gbi.georgia.gov
click on Services
click on Obtaining Criminal History Information.

That is what I always thought was true in Ohio too.