What are my legal remedies against a financial institution that has disclosed private account information to a merchant/third party?

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What are my legal remedies against a financial institution that has disclosed private account information to a merchant/third party?

Representatives from my bank disclosed details of my account with a merchant who was at the bank attempting to cash a check for services. The merchant was told that my account was under a “fraud investigation” and thus the reason for the delay in cashing the check. This information should not have been disclosed to the merchant.

Asked on December 23, 2011 under Business Law, Virginia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

From what you have written, the bank's representative seemingly breached a fiduciary relationship owed you as the depository of your money given the conversation had with a third party. I suggest that you have a face to face meeting with the bank's manager over the situation to prevent it from happening in the future.

Follow up with that meeting with a confirming letter keeping a copy for future use. The issue that I see is how were you actually damaged in terms of dollars and cents assuming that your account was actually under "fraud investigation."

If you wish to explore legal recourse possibilities, I suggest that you consult with a personal injury attorney.


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