Page 31 - NCISS Your Advocate December 2018

The worst aspect of the new FCRA was the requirement that all employees must be advised in
advance of any employer investigation, regardless of whether it involved malfeasance such as

employee theft or drug abuse.

The labor lawyers panicked and rushed to caution their (and our) clients about ordering
investigations. This put a damper on our business as the lawyers bombarded the FTC with

questions which resulted in a plethora of Opinion Letters.

When the Financial Services Committee decided to hold hearings, NCISS needed to have its
voice heard. Thanks to members like the Duffys, who maintain a relationship with their key

legislators, NCISS was given the opportunity to testify three times.

It took NCISS and our allies until 2003 to see the passage of the Fair and Accurate Credit
Transactions Act, FACTA, which corrected the unintended consequence.

Without our member’s relationship with their legislators, the result may not have been so
favorable.

So please attend Hit the Hill and meet with your Representatives and Senators to show our
flag. It is so important. It is also interesting and rewarding to walk the halls and be part of our

democracy.

Editor’s note:

See also ‐ www.NCISS.org/history and www.NCISS.org/about‐nciss

Mr. McClain is a Past President (1985‐1986) and Legislative Chair, and longest serving member
of the Board – with the founders of NCISS. He is the recipient of our highest honor, the John J.

Duffy Memorial Achievement Award (1989), and also the Wayne J. Wunder Memorial Award
(1992) – both in honor of two founders. (see www.NCISS.org/awards)

He is also a founding member of the California Association of Licensed Investigators (CALI),

Past President (1977‐1978) and Legislative Chair. He is the recipient of the Distinguished
Achievement Award (1992).

He is a principle of Krout & Schneider, one of the oldest private investigation agencies in
California and the United States.