Recording stated on the record
The recording, investigator identity, client, and purpose are stated before substantive questioning.
RECORDED STATEMENTS
On the record, with consent.
Recorded statements from claimants, insureds, and witnesses — taken with recorded consent from every party, in every jurisdiction.
AVAILABILITYLicensed jurisdictions provided on request.
MODLAN Systems, Inc. performs regulated investigative services only in jurisdictions where it holds the required licences. Inquiries from other jurisdictions are referred.
WHEN THIS IS THE RIGHT ENGAGEMENT
Where it fits
- The account needs to be fixed on the record before it changes.
- A witness has been identified and may become unavailable.
- A file is heading to examination or litigation.
- Reported facts need clarification directly from the party.
MODLAN STANDARDS
How we work
These apply to every engagement, in every jurisdiction.
- Recorded consent, everywhereWe obtain recorded consent from every party to every recorded statement, in every jurisdiction, regardless of which state rule applies.
- Lawful vantageObservation is conducted from publicly accessible vantage points. We do not enter private property, observe into areas where privacy is reasonably expected, or place concealed or unattended recording devices.
- No pretextInvestigators identify themselves where identification is appropriate. We do not use fictitious identities, misrepresent our purpose, or obtain information under false pretences.
- Documented permissible useInformation from restricted sources is accessed only for the permitted purpose of the matter it was obtained for, and that purpose is documented for every search.
- Represented partiesWhere a party is represented, we proceed only on documented instruction from counsel.
- Aerial for property, not peopleAerial documentation is used for property, scene, and loss documentation. We do not use aircraft to observe individuals.
- Public sources, unauthenticatedDigital collection is performed from publicly accessible sources without logging in to any account.
YOUR GUIDELINESScope, coverage, reporting format, documentation requirements, and turnaround are performed to your guidelines and the assignment instructions for each matter. Requirements differ by carrier and by jurisdiction, and we work to yours.
UNIVERSAL CONSENT PROTOCOL
One recording protocol everywhere.
Every recording is announced on the recording, and affirmative consent is captured as an audible yes.
Affirmative audible yes
Silence or continued participation is not treated as consent.
Physical location established
Interstate and mobile calls are handled conservatively; if location cannot be established, the stricter operating rule governs.
Original stays original
The complete recording is retained separately from working copies and every conversion or derivative is logged.
WHAT YOU RECEIVE
The deliverable
- The recording, complete and unedited, including the consent preamble.
- A transcript where your guidelines call for one.
- A summary identifying what was established and what was not.
WHAT WE DO NOT DO
- Take a statement from a represented party except on documented instruction from counsel.
- Edit or trim a recording, including the consent preamble.
- Conduct an examination under oath, which is a proceeding for counsel.
- Obtain information under a false identity or false pretences.
- Enter private property or observe into areas where privacy is reasonably expected.
- Contact a represented party except on documented instruction from counsel.
- Guarantee that any item will be admitted by a court.
QUESTIONS
Common questions
Why obtain consent in one-party states?
Because a universal standard does not fail when a party has moved, when the call crosses a state line, or when a rule is in a grey area. It also removes an avenue of challenge.
What is in the consent preamble?
Identification of every party, the date and time, a statement that recording is occurring, and affirmative assent from each party. It stays in the delivered file.
Can you take a statement from a represented claimant?
Only on documented instruction from counsel.
Is this an examination under oath?
No. An EUO is a policy-conditioned proceeding conducted by counsel. We support EUOs; we do not conduct them.
CONTROLLED INTAKE
Discuss the assignment without transmitting sensitive evidence.
Public consultation channels are for business-purpose intake only. Claim files, medical records, credentials, claimant-identifying data, and evidence belong in an approved secure workflow.