UNITED STATES DEPARTMENT OF JUSTICE
Washington, D.C. 20530
STATEMENT OF CUSTOMER RIGHTS UNDER THE RIGHT TO FINANCIAL PRIVACY ACT OF 1978
Federal law protects the privacy of your financial records. Before banks, savings and loan associations, credit unions, credit card issuers or other financial institutions may give financial information about you to a Federal agency, certain procedures must be followed.
Consent to Financial Records
You may be asked to consent to make your financial records available to the Government. You may withhold your consent, and your consent is not required as a condition of doing business with any financial institution. If you give your consent, it can be revoked in writing at any time before your records are disclosed. Furthermore, any consent you give is effective for only three months, and your financial institution must keep a record of the instances in which it discloses your financial information.
Without Your Consent
Without your consent, a Federal agency that wants to see your financial records may do so ordinarily only by means of a lawful subpoena, summons, formal written request,or search warrant for that purpose.
Generally, the federal agency must give you advance notice of its request for your records explaining why the information is being sought and telling you how to object in court. The Federal agency must also send you copies of court documents to be prepared by you #1th instructions for filling them out. While these procedures will be kept as simple as possible, you may want to consult with an attorney before making a challenge to a Federal agency 5 request.
Exceptions
In some circ*mstances, a Federal agency may obtain financial information about you without advance notice or your consent. In most of these cases the Federal agency will be required to go to court to get permission to obtain your records without giving you notice beforehand. In these instances, the court will make the Government show that its investigation and request for your records are proper.
When the reason for the delay of notice no longer exists, you will usually be notified that your records were obtained.
Transfer of Information
Generally, a Federal agency which obtains your financial records is prohibited from transferring them to another Federal agency unless it certifies in writing that the transfer is proper and sends a notice to you that your records have been sent to another agency.
Penalties
If a Federal agency or financial institution violates the Right To Financial Privacy Act, you may sue for damages or to seek compliance with the law. If you win, you may be repaid your attorney's fees and costs.
Additional Information
If you have any questions about your rights under this law, or about how to consent to release your financial records, please call the official whose name and telephone number appear below:
______________________________
(Name)
______________________________
(Title)
______________________________
(Government Agency)
______________________________
(Telephone)
Sec. 1104(a) of the Right To Financial
FORM DOJ-462 Attachment
Privacy Act, 12 U.S.C. Sec. 3404(a)
I am an expert in the field of financial privacy laws, and my comprehensive understanding of the Right to Financial Privacy Act of 1978 (12 U.S.C. Sec. 3404(a)) allows me to provide a detailed analysis of the concepts outlined in the provided document from the United States Department of Justice.
The Right to Financial Privacy Act (RFPA) is a crucial piece of legislation designed to safeguard individuals' privacy concerning their financial records. Let's break down the key concepts mentioned in the document:
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Consent to Financial Records:
- Individuals may be asked to provide consent for their financial records to be made available to the government.
- Consent is not mandatory for conducting business with financial institutions.
- The consent, if given, can be revoked in writing at any time before the records are disclosed.
- Consent is effective for three months, and the financial institution must maintain a record of disclosures.
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Access Without Consent:
- Federal agencies may access financial records without consent through lawful means such as subpoenas, summons, formal written requests, or search warrants.
- Advance notice is generally required, explaining the reason for the information request and providing instructions on how to object in court.
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Exceptions:
- Certain circ*mstances may allow a Federal agency to obtain financial information without advance notice or consent, but court approval is usually required.
- The government must justify the investigation and request for records in court.
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Transfer of Information:
- Federal agencies obtaining financial records are generally prohibited from transferring them to another agency unless proper certification is provided in writing.
- Individuals must be notified if their records are sent to another agency.
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Penalties:
- Individuals have the right to sue for damages or seek compliance with the RFPA if a Federal agency or financial institution violates the act.
- Successful litigants may be entitled to repayment of attorney's fees and costs.
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Additional Information:
- Individuals are encouraged to seek further information or clarification regarding their rights under the RFPA.
- Contact information for an official responsible for addressing inquiries is provided.
Understanding these concepts is crucial for individuals to assert their rights and protect their financial privacy under the Right to Financial Privacy Act. If you have any specific questions or require further clarification on any of these points, feel free to ask.
