48[infoguys-list] Banking Legislation
- Sep 12, 1998Reposted at the request of John Slagowski, NCISS President:
I know you are jammed, on the other hand can't wait to get to New
Orleans. I know you will be glad when it is over.
Can you post the attached on the various list servs for me.Appreciate it
Re: HR 4321 LEGISLATIVE ALERT (FINANCIAL PRIVACY
Sat, 12 Sep 1998 19:02:15 -0400
JOHN SLAGOWSKI <sandh1@...>
S & H INVESTIGATIVE SERVICES http://www.SNH.NET
"Joseph S. Memolo" <jsment@...>
Joseph S. Memolo wrote:
> FEDERAL LEGISLATIVE ALERT
> Subject: HR 4321 - Financial Privacy Protection Act of 1998
> Once more we are asking CALI members to write to the Legislature, this
> time your Senator and Representative. The sample proposal follows the
> message from our President.
> From: Association President Danny Davis
> To: CALI Members
> Over the past week or so there has been much concern and controversy
> over the pending Federal Bill HR 4321. Also, there has been much
> concern and controversy over the two sample letters and amendments
> which have been on the list serve. Both parties who have presented
> these proposals were contacted by me and some time back, and reminded
> that only the Legislative Chair Joe Memolo, or myself can authorize
> legislative information to go out over the CALI List Serve. Both
> parties who presented these proposals were informed that the CALI
> Legislative committee and the CALI Board had been sent both proposals
> and were going to contact me today, September 11 with their decision
> to which one CALI would support at this time. Unfortunately neitherto
> party could wait and put their own proposals out over the CALI list
> serve without authorization.
> This will be discussed by the CALI Board in the near future.
> Now for the business at hand. The CALI Board members, who responded
> my request, made a decision. The following is the sample letter andyou
> amendments that has been chosen at this time. We ask that A.S.A.P.
> write to your appropriate Senator and Representative addressing thecourt
> issue of HR 4321. CALI will be watching and refining our position on
> this bill in the months to come.
> Danny E. Davis, CPI
> SAMPLE LETTER
> YOUR LETTERHEAD
> Honorable ______________ Honorable __________
> United States Senate U.S. House of Representatives
> Washington, D.C. 20510 Washington, D.C. 20515
> Dear Senator, Dear Representative,
> As a licensed private investigator regulated by the State of
> California, I support the goals of HR 4321, The Financial Privacy
> Protection Act of 1998. We support the proposed amendment which is
> submitted for your review in order that we can carry out our
> assignments in protecting the consumer from the criminal element bent
> on committing financial fraud.
> We ask your support in amending HR 4321, to follow after Section
> 1003(c), which we understand will be presented as follows:
> "(f) NON-APPLICABILITY TO CERTAIN ACTIVITIES OF LICENSED PRIVATE
> (1) No provision of this section shall be construed so as to
> prevent a qualified licensed private investigator, or its officers,
> employees or agents, acting on behalf of a client, from obtaining
> customer information of a financial institution, to the extent
> reasonably necessary to do so in order to facilitate -
> (a) execution of a judgment entered by a federal or state
> (b) collection of child support;
> (c) collection of fines or assessments ordered by a federal or
> state court or agency;
> (d) enforcement of an order entered by a federal or state
> for attachment of assets; orstate
> (e) tracing of assets conveyed fraudulently within the meaning
> of Title ----, United States Code.
> (2) For purposes of this subsection, a "qualified licensed private
> investigator" is an investigator or an investigative agency that is:
> (a) is licensed and in good standing under the laws regulating
> the business of private investigative or security services of the
> in which the investigator takes any action that would otherwise becompliance
> subject to this section; and
> (b) beginning one year after the effective date of the
> Financial Information Privacy Act of 1998, is in substantial
> with applicable regulations issued by the Federal Trade Commission andsubscribe
> the Board of Governors of the Federal Reserve System, as provided in
> paragraph 3 of this subsection.
> (3) Within nine months after the effective date of the Financial
> Information Privacy Act of 1998, the Federal Trade Commission and the
> Board of Governors of the Federal Reserve System, pursuant to a joint
> rulemaking proceeding, shall promulgate such regulations as those
> agencies deem sufficient to further define and limit the class of
> agencies deem sufficient to further the define and limit the class of
> licensed private investigators whose activities fall within the
> provisions of this subsection. Such regulations may include:
> (a) a requirement that licensed private investigators
> to and meet the requirements of a self-regulatory system or procedurefurther
> designated by the Commision and the Board as adequately protective of
> the personal privacy interests of customers of financial institutions;
> (b) a requirement that licensed private investigators register
> with, make periodic reports to, and respond satisfactoriy to inquiries
> of the commission or the Board, or both of them, or any other entity
> jointly designated by the Commission and the Board, including a
> requirment that licensed private investigators subject to thislegitimate
> requirement be assessed fees sufficient to cover the reasonable costs
> of maintenance of such registry, reporting system, and inquiry and
> response system as the Committee and the Board may jointly institue,
> (c) such other regulations as the Commission and Board shall
> deem appropriate to protect the personal privacy of customers of
> financial institutions, while ensuring that the implementation and
> enforcement of this Title does not unduly interfere with the
> activities of qualified licensed private investigators in support ofsenators
> civil or criminal litigation in the federal or state courts.
> We submit to the passage of this amendment to HR 4321 with the intent
> that we as licensed private investigtors will follow in order to
> conduct investigations for our clients.
> Thank you for your consideration.
> To CALI members - if you don't know who your representative or
> are contact your local library information desk for that name. Again,President Danny E. Davis
> we need to protect our livelihood and that of the consumer at the same
> time, since this is the way the Privacy issue is being pursued. We
> need to continue getting our foot in the door.
> Thank you again.
> Joe Memolo, CAL Legislative Chair
Leg Chair Joe Memolo
All Private Investigators
All interested parties
I applaud and T H A N K Y O U for your comminique' asking CALI members
to send letters to Congress and Senators.
Cali and many of it's members are also members of NCISS. We are all on
the same TEAM and ALL after the same goal, an amendmant to HB 4321
SB 2433.There are obviously differing opinions as to how to reach said
DILEMA may appear to some members of CAlI as to which of the two
official "sample letter" they should send. At this point no matter which
version you choose SEND NOW.
Differences in the two samples are many. At this juncture I wish to only
query one. I do ask for your thoughts in this area..
(3)(b) I partially quote, "private investigators subject to this
requirement be ASSESED FEES sufficent to cover the reasonable cost of
My comment to the above is that I feel I am being Taxed (in place of
assesed) enough. In some cases of PIs they are being taxed for:
Income tax and so on and so on.
I am asking in a Professional Manner why we want to allow the proverbal
"fox in the hen house" (fed govt) to tax or assess us more?????
We of course have no way of knowing if either letter or the strong
lobbying efforts will be victorius. We can only hope all the
monies,hours and efforts will be fruitful. Surely no one should
question why they should be a part of an association (team).
The H E L P of all PIs need to and must send letters in order
to have a chance. Additionally it won't hurt for PIs to ask friends
and relatives to also write. Remember Washington only cares about
I thank you for in advance for your considerations and response
Cali assoc member 1987
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