09/29/2017

Regulatory Investigations: Buyer Beware

I nearly always represent some party under investigation by a regulatory authority. Consumer complaints are just part of doing business. Here are a few pointers for those under investigation by the Department of Labor & Industry or the Department of Commerce:

  1. Don't trust the investigator;
  2. Don't offer more information than asked for;
  3. Try to be nice;
  4. Make sure what you say is correct;
  5. Comply with the required time for production of information; and
  6. Know the law that regulates your conduct.

Regulatory investigations are tragically flawed in that you, the respondent, do not get a copy of the complaint. The only thing you know about the complaint is what is relayed to you from the regulator. A major pitfall licensees make is guessing at what else the complainant alleges—focus on what the regulator is asking for!

Your license and your livelihood are too important to take an investigation lightly. If you are under investigation, I urge you to call for representation and give yourself your best chance of coming out unscathed.

The material contained herein is provided for informational purposes only and is not legal advice, nor is it a substitute for obtaining legal advice from an attorney. Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney. All information contained in links are the property of the linked site.

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