PII Misuse

[JustmeJB]

Jurisdiction

California

After complaining to a bank about a branch interaction someone at the branch used my information under the guise of me making a request. I reported the information to the company but since it has to do with my bank I am concerned. Who would be the regulatory compliance for this and is there a mechanism for compensation for any anguish this is causing me?

 

[zddoodah]

Used what information?
Used your information in what manner?
Under the guise of you making what request to whom?

Is there a distinction between "the bank" and "the company"?

In other words, please explain a bit better what happened. In particular, did you lose any money as a result of what happened.

 

[adjusterjack]

is there a mechanism for compensation for any anguish this is causing me?

No.

 

[JustmeJB]

Used what information?
Used your information in what manner?
Under the guise of you making what request to whom?

Is there a distinction between "the bank" and "the company"?

In other words, please explain a bit better what happened. In particular, did you lose any money as a result of what happened.

a member of staff opened a request on my behalf requesting a new card which then sent an appointment notification to me. The purpose of this I believe was to find out who I was due to the complaint I had made. I replied to the appointment email stating I would rather deal with things via mail to which the staff responded saying I needed to come on site. When I showed up to the branch the person who initiated the request I never made was not there but the manager I had complained about was and became a bit confrontational.

No distinction between bank and company....

I believe this qualifies under CCPA 1798.100.c

 

[zddoodah]

Seems like we're going to have to pull teeth to get relevant information.

a member of staff opened a request on my behalf requesting a new card which then sent an appointment notification to me.

"Member of staff" = bank employee? Sounds like this person was not actually acting on your behalf - i.e., you did not made a request for a new (debit/credit?) card. Right? Do you know this person's name?

The purpose of this I believe was to find out who I was due to the complaint I had made.

Huh? Are you suggesting that your complaint about the manager was made anonymously and that this phony request was a ruse to identify who you were?

When I showed up to the branch the person who initiated the request I never made was not there but the manager I had complained about was and became a bit confrontational.

OK...so...?

I think (but am not sure) that, for some unexplained reason, some employee of the bank used some unspecified information about you (you didn't answer that question), which the bank presumably already had (right?), to initiate a request for a new card (of some sort), which led to a situation that was "a bit confrontational" (in some unspecified regard).

I asked if you lost any money as a result of what happened, but you ignored that question, so I assume the answer is no. Thus, I see no basis for any sort of legal claim. At best, you appear to have a customer service issue, which would certainly could use as a basis for taking your business elsewhere.

I believe this qualifies under CCPA 1798.100.c

I assume this is a reference to the California Consumer Privacy Act of 2018 (codified at section 1798.100, et seq. of the California Civil Code). If I'm correct, why do you believe this to be the case, and what particular section in that nearly 25,000-word body of law do you think applies?

 

[Tax Counsel]

Who would be the regulatory compliance for this and is there a mechanism for compensation for any anguish this is causing me?

The regulation of banking is detailed and rather more complex than most people realize. There are generally at least two regulators for most banks: the primary regulator (which would be one of several federal agencies or the state) and the FDIC, which insures the deposits held at most banking institutions. While there is a primary regulator, the other agencies often have a role in the bank's regulation too. If you believe that state law is what applies here, your complaint should start with the state banking regulatory agency. If a federal law may be involved, then the bank's primary regulator would be the place to start.

The primary regulator depends on what kind of bank it is. If it is a nationally chartered bank (in which case the word "federal" should appear in the formal name of the bank; the name it uses for marketing may not be it's official name) then it is the federal Office of the Comptroller of the Currency (OCC). If it is not a national bank but participates in the Federal Reserve system then it is the Federal Reserve that is the primary regulator. If the bank is neither a national bank and not part of the federal reserve system but does offer FDIC insurace to back up the deposits then the FDIC is the primary regulator. Last I checked, about 97 percent of banks were primarily regulated by one of those federal agencies. The remaining banks have the state as their primary regulator. The OCC has a search tool to find which agency is the primary regulator. If is not listed there then either it is only regulated by the state or is part of a larger banking system that is regulated by the federal government. Read the web site that I linked for guidance on finding the primary regulator for your bank.

Note that if it is a savings and loan institution (which generally should have the word "savings" in its name somewhere) or it's a federal credit union then the federal regulator would be a different agency than the ones I mentioned above.

But before doing that, consider that simply having "anguish" over this with no actual financial loss won't get you any money from the bank other than what the bank voluntarily offers as a customer service effort. The bank might be warned or fined over it by one of its regulators if any federal or state banking laws or regulations were violated. But that doesn't put more money in your pocket. The state or federal government gets any fines imposed. With the information provided so far I don't see any violation of laws or regulations that govern banking.

If you are upset at the bank for what happened and you lost no money out of it, then your best remedy here is to simply change banks. That way you know the same person cannot pull that stunt again and you may find the new back more welcoming than your current bank. Banks sometimes forget to provide existing customers better service in their quest to get new customers. But if people started to change banks because of how a particular bank treated them it would have an impact in raising customer service. The problem is that inertia sets in and most people, despite their complaints about their bank, don't muster the effort to change banks and just continue on as before, tolerating the less than stellar treatment they get. It's not all that difficult to change banks. It takes some time and a little plannng for it to go smoothly.