What is my recourse for a bank’s gross violation of my privacy rights?

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What is my recourse for a bank’s gross violation of my privacy rights?

My mortgage servicer is a major bank. I discovered that they gave my mortgage account information and access to another person’s account at that bank, whom has the same last name as my wife. That person was told they are now co-owners of said mortgage until it gets sorted out. They now have access to the mortgage account number, my address, and presumably can now get my my SSN, etc. I pay the mortgage through an automated phone system; they can also make changes, payments, an who knows what else. Is there a remedy for this or a case?

Asked on February 9, 2011 under Business Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

1) If you suffer actual financial loss or damages, such as theft from you account, a credit card being opened in or loan taken out in your name and you being held accountable, etc., then you could sue the person(s) misusing your information and the bank itself (for its negligence in allowing your information out).

2) You should also be able to get compensation for any other costs incurred as a result of this mistake--such as if you need to retain a lawyer to help sort out matters re: the mortgage; perhaps a credit monitoring service to protect yourself, etc. Of course, if the bank will not voluntarily provide this, you would have to sue them, which may not be worthwhile.


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