Right to Financial Privacy Act and Bank Subpeona

Hi,

One of my bank accounts were provided a vague subpeona to provide bank account information of mine. When I called to inquire more, they initially refused to say whether or not my account was subpeoned. When I tried a differant number, they confirmed it was but refused to provide if whether or not my information was sent, or in what district court the subpeona came from.

According to the Rights to Financial Privacy Act of 1978 I am to be provided with this information from my bank so that I may consider filing a motion in court to quash it. In addition, the plaintiffs' attorney has not sent anything directly to my or my attorney.

Is my bank liable for this?

 

They didn't say but its in regards to a civil court case in New York for copyrights.

 

A company alleges I was selling their litature books and filed a complaint in NY. I'm a Indiana resident, however. They argue I was selling the stuff online and subpeoned information from Paypal where the alleged sales transacted. In addition, they sent a subpeona to my bank asking for bank records with my name.

My bank failed to notify me regarding this. However they say they sent a letter to me about the notification. I randomly called the bank to see if any subpeona was issued after learning about Paypal. When I called to ask about where it was filed and what information was sent, or if any of this was provided in their letter, they consulted their attorney and said they could not disclose this.

Since I want to make a motion to quash the subpeona, its pretty pivitol to know if my information was sent or not. According to the Rights to Financial Privacy Act of 1978, it says I am entitled to be notified of what is handed over within 14 days (which is nearing).

 

The company is arguing violation of trademark

 

Response

Yes, I see all that stuff. However, the case (although not irrelevent) isn't pertinent to whether or not my Bank or Paypal is liable.

My original question, if I didn't specify enough, is that is Paypal or my Bank liable for comprimising my SSN, Name, Address, Financial Information, Transactions, etc. by not providing me a written notice of the subpoena ordered under the Rights to Financial Privacy Act (484 12 U.S.C. § 3408). According to the act I am entitled to damages (484 12 U.S.C. § 3417).