Consumer/Customer Privacy Rights

[LinxUs]

What is the name of your state? CA

I had my personal information sent by a financial institution in response to a subpoena in a court case that has now settled. Along with my personal information, I had my bank records, transactions, SSN, home address, etc. compromised in the matter.

I looked it up and apparently in California Civil Code 1985.3, financial institutions MUST provide a notice to its customers prior to sending anything, or that it has sent something of my privacy to a third-party even with issuance of a subpeona. I also looked too, and this is supported by the Gramm-Leach-Bliley Act (Federal law) showing the same thing. However, I cannot raise a lawsuit under the act.

In addition, it must show its options to opt out, which this "financial institution" does not provide.

Obviously I have merits to raising a case, but my question is what exactly can I be sueing for? Breach of Contract? Civil Rights? Can I recover attorney fees?

 

[CdwJava]

Obviously I have merits to raising a case, but my question is what exactly can I be sueing for? Breach of Contract? Civil Rights? Can I recover attorney fees?

I suspect they do NOT have to notify you when providing information pursuant to a subpoena. If that were the case, it would be almost impossible for law enforcement to investigate people without their knowing about it.

What does your attorney have to say? You really need to consult an attorney to see if you even have a case.

- Carl

 

[LinxUs]

Carl,

I talked to a few attorneys who practice personal IP, injury, banking and class action law and they all agree there is merits to my case and feel its worth pursueing.

You are referring to a criminal subpeona which I think is treated differantly than a third-party civil subpeona. Also, under the Rights to Financial Privacy Act and the USA Patriot Act, one must recieve written notice that their records were sought and sent to whoever within 10 days of providing the information.

The California Supreme Court decision in Valley Bank of Nevada v. Superior Court (1975) 15 Cal.3d 652, in which the court held that before a bank could release confidential information to a civil litigant about a bank customer, the bank was first required to take “reasonable steps” to notify the customer that the customer’s records were being sought. The Supreme Court wrote, “efore confidential customer information may be disclosed in the course of civil discovery proceedings, the bank must take reasonable steps to notify its customer of the pendency and nature of the proceedings and to afford the customer a fair opportunity to assert his interests by objecting to disclosure, by seeking an appropriate protective order, or by instituting other legal proceedings to limit the scope or nature of the matters sought to be discovered.” (Id. at p. 658; see also Lantz v. Superior Court (1994) 28 Cal.App.4th 1839, 1848 (Lantz).)

Section 1985.3 of the California Civil Code broadens this to all financial institutions, credit card companies, debt collectors, etc.

Also, this falls under the GLB Act, which similarly states that the customer/consumer has rights to protect their privacy through financial institutions offering a notice that their records are being sought and their right to act before it is produced by the custodian of records.

Although I believe I was wronged in these areas, especially since my financial records have absolutely no interest in this other case, I am not sure if I can sue on these grounds.

As I wrote before I had attorneys with interest, but I do not know if they are just trying to sell me their practice to do needless work to find out that I can't do much. Also, apparently, I can't sue under the GLB Act, since only the U.S. Attorney General can do that. Its penalties are pretty tough too, but doesn't help me much. However, the U.S. Attorney General can since they clearly did not provide me a notice which violates the GLB Act, regardless if responding to the subpeona.


So I guess I am not entirely sure what I can do. Is this something that can be done on a contigency? Would this garner the interests of the ACLU?

 

[CdwJava]

I am not sure what can be done for sure, either ... this is not an area of the law I have a lot of experience in.

I doubt the ACLU would have a vested interest - they go for cases that break new ground or garner headlines for which they can make some money.

Whether an attorney would take it on contingency or not depends on whether the damages are significant enough to warrant the time and energy to the case, and whether the chances of winning are very good.

- Carl

 

[LinxUs]

Of course

Carl,

Thanks for your response, hopefully someone that does have experience in this area can provide some insight.

 

[CdwJava]

You might consider posting this on one of the other boards here - perhaps in the Business or Bankruptcy and Credit boards.

- Carl