Legal Question in Business Law in California
Intrusive Request for Information
I am the Business Manager for an Auto Body shop in California. Much of our business is derived from direct referral relationships with a variety of Insurance companies. We recently received notification we may be asked to allow one of these companies to run background checks on the principals/owners and employees of our corporation, at our expense. It appears they will be asking for SSN's, and Credit card information based on the information I received. Is this legal ? If not, what information can you provide me with that will allow me to legally refuse this request.
thank-you
2 Answers from Attorneys
Re: Intrusive Request for Information
You're free to refuse. They can't do it without your permission, but they don't have to send work to you either. Your choice whether to agree. You should try to negotiate this away, or control and limit it.
Re: Intrusive Request for Information
I agree with the previous answer, and would like to add a couple more thoughts.
First, you should determine, if you haven't already, that you are really dealing with the insurance company and not a scam artist. You can perhaps do this by calling the insurance company yourself at a number you know to be valid, and getting the information from people you know to be real officers of the insurance company.
The second thought is to contact the Bureau of Automotive Repair and see if you can speak with a reasonably high-ranking staffer about this, maybe the Bureau's in-house lawyer. As a sidebar to this, you might also want to make sure your company's relations with the BAR are solid, and you are current on your registrations.
The only other thought I have is that you might want to go back over the billing with this particular insurance company over the last year or so to try to spot any items that might have raised yellow or red flags. Your investigation might include comparing billings with actual receipts, and looking to see if anyone with access to your billing system might have found a way to raise bils or skim receipts.
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