Illinois PI & Security Annual Refresher Training

Module 11 of 11

Civil Liability, Constitutional & Consumer Laws

15 questions. Read each one and its correct answer; the reference shows where it comes from. Your study time is recorded while this page is open and in use.

  1. 1. Under Illinois law, a private detective conducting a criminal background investigation for an employer must comply with which federal law?

    • A.HIPAA
    • B.OSHA
    • C.The Federal Wiretap Act only
    • D.The Fair Credit Reporting Act (FCRA) when the investigation constitutes a 'consumer report' (correct answer)

    Reference: 15 U.S.C. § 1681 (FCRA)

  2. 2. The Illinois Freedom of Information Act (5 ILCS 140) applies to:

    • A.Private corporations and individuals
    • B.Illinois courts exclusively
    • C.Licensed private detectives only
    • D.Public bodies and government agencies (correct answer)

    Reference: 5 ILCS 140/2

  3. 3. The Illinois Human Rights Act (775 ILCS 5) is relevant to private investigators and security firms because it:

    • A.Regulates investigation techniques
    • B.Prohibits discrimination in employment and public accommodations, affecting hiring of security personnel (correct answer)
    • C.Governs firearms licensing
    • D.Sets surveillance equipment standards

    Reference: 775 ILCS 5

  4. 4. The Illinois Uniform Disposition of Unclaimed Property Act and similar statutes govern abandoned property; for a security officer this means:

    • A.Security officers may keep any abandoned property they find on duty
    • B.Found property should be turned over to management or law enforcement per established protocols (correct answer)
    • C.Security officers may auction abandoned property after 24 hours
    • D.Abandoned property on monitored premises is the officer's personal property

    Reference: 765 ILCS 1025 / property handling protocol

  5. 5. Illinois law (820 ILCS 305, Workers' Compensation Act) is relevant to a PI conducting an insurance fraud investigation because:

    • A.PIs must be covered under the employer's workers' comp
    • B.Fraudulently claiming workers' compensation benefits is a crime, and PIs may gather lawful evidence of such fraud (correct answer)
    • C.PIs are exempt from workers' comp
    • D.Workers' comp fraud is not a criminal offense in Illinois

    Reference: 820 ILCS 305 / 720 ILCS 5/17-6

  6. 6. The Illinois Wrongful Death Act (740 ILCS 180) is relevant to armed security professionals because:

    • A.It only applies to police officers
    • B.An estate can bring a civil action against a security officer whose use of deadly force wrongfully caused death (correct answer)
    • C.It limits liability to property damage only
    • D.It only applies to medical professionals

    Reference: 740 ILCS 180

  7. 7. Under the Illinois Constitution (Art. I, Sec. 6), the right to be free from unreasonable searches and seizures applies to:

    • A.Government actors only, not private security
    • B.All citizens and private persons equally
    • C.Government actors; however, private security officers may face civil liability under tort law for unreasonable searches (correct answer)
    • D.Only residents, not businesses

    Reference: Illinois Constitution Art. I Sec. 6 / tort law

  8. 8. The Illinois Right of Publicity Act (765 ILCS 1075) restricts a private detective or security firm from:

    • A.Taking photographs in public
    • B.Using a person's name, image, or likeness for commercial purposes without consent (correct answer)
    • C.Recording video surveillance footage
    • D.Creating client reports with subject photographs

    Reference: 765 ILCS 1075

  9. 9. Under 725 ILCS 5/108-1, a search warrant in Illinois may be issued only by:

    • A.The chief of police
    • B.A licensed private detective with court permission
    • C.A judge or magistrate upon a showing of probable cause supported by affidavit (correct answer)
    • D.A state's attorney directly

    Reference: 725 ILCS 5/108-1

  10. 10. The Illinois Predatory Lending Database Act and related consumer protection laws are relevant to a PI firm because:

    • A.A PI firm that handles client financial information must protect it under applicable privacy and consumer protection laws (correct answer)
    • B.PIs must review loan documents for clients
    • C.PIs may collect debts on behalf of lenders
    • D.There is no relevance

    Reference: 815 ILCS 530 / consumer protection

  11. 11. The Illinois Whistleblower Act (740 ILCS 174) is relevant to a security officer who:

    • A.Reports misconduct by fellow officers or supervisors to appropriate authorities (correct answer)
    • B.Blows a whistle as a noise signal during a patrol
    • C.Reports a subject's criminal activity to the PI's client only
    • D.Contacts media about a security incident

    Reference: 740 ILCS 174

  12. 12. Under 740 ILCS 100 (the Illinois Tort Immunity Act), private security officers:

    • A.Enjoy the same immunity as police officers
    • B.Are immune from suit if licensed by IDFPR
    • C.Are generally not protected by governmental immunity and are subject to standard civil tort liability (correct answer)
    • D.Have no tort exposure

    Reference: 740 ILCS 100 (applies to local government) / private security has no such immunity

  13. 13. Illinois law (305 ILCS 5) governs public aid; a PI hired to investigate public aid fraud should be aware that:

    • A.All public aid records are freely accessible
    • B.Public aid fraud is a federal matter only
    • C.PIs may compel disclosure of public aid records with a client authorization letter
    • D.Public aid records are confidential; evidence must be gathered through lawful means such as public observation (correct answer)

    Reference: 305 ILCS 5/11-9

  14. 14. An Illinois private detective conducting a pre-employment background investigation for a client must comply with the Fair Credit Reporting Act (FCRA) when the report constitutes a 'consumer report.' This means the employer (client) must provide the applicant with:

    • A.A copy of the report only if adverse action is taken
    • B.Notice within 60 days after hiring
    • C.No notice is required for employment investigations
    • D.A disclosure and obtain written authorization before the background check is conducted, and follow adverse action procedures if the report is used negatively (correct answer)

    Reference: 15 U.S.C. § 1681b (FCRA)

  15. 15. The Illinois Consumer Fraud and Deceptive Business Practices Act (815 ILCS 505) may apply to a private detective agency that:

    • A.Charges high hourly rates
    • B.Makes false representations to clients about services, results, or qualifications (correct answer)
    • C.Declines cases outside their expertise
    • D.Works on a retainer basis

    Reference: 815 ILCS 505/2