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Question & Answer
Question: We have a customer whose account was overdrawn because of two large checks that came in for payment that we bounced. The police department has asked us for copies of those checks as well as statements and copies of paid checks because they say the customer claims the two large checks were forged. Can we give the police department the copies they requested without a subpoena? We've not heard from our customer at all and have no signed forgery affidavits.
Answer: In some states, the police department, by means of a letter of request, might be able to obtain copies of the bounced items. But in most of the United States, providing records to the police department on an account without a subpoena or your customer's knowledge and permission - in writing -may subject you to violation of the Right to Financial Privacy Act. Not a position you'd ever want to be in. (Note: Having said thus about checks returned N.S.F., see the question below.)
Copyright © 1997 Bankers' Hotline. Originally appeared in Bankers' Hotline, Vol. 7, No. 2, 1/97
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