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#156989 - 02/05/04 04:42 PM State laws - Right To Financial Privacy Act
Patsy Cline Offline
Diamond Poster
Patsy Cline
Joined: Sep 2002
Posts: 1,117
On the road...
I am looking for a good resource to reference when determining state laws relating to a state government agency's request to obtain financial records.

I am completing a review of our compliance with the Right to Financial Privacy Act. My first discovery is that we do not have any procedures established for receiving and handling state or federal government agency requests for consumer financial records.

If anyone is willing to share what you do... I would really appreciate it!
_________________________
Michelle CRCM

"What would you attempt to do if you knew you could not fail?" ~ unknown


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#156990 - 03/05/04 05:47 PM Re: State laws - Right To Financial Privacy Act
Happy Camper Offline
100 Club
Joined: Dec 2003
Posts: 186
2FALLS
I'm resurrecting this post because I am in almost the same situation. In my case, however, our state has not adopted a privacy law. Am I understanding GLB correctly that since we do not have a state law, we would then fall back to the RFPA concerning subpoenas, summons, etc.?

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#156991 - 03/11/04 05:35 PM Re: State laws - Right To Financial Privacy Act
Thomas Offline
100 Club
Joined: May 2003
Posts: 153
Santa Ana, CA
The state of California has adopted a Financial Privacy Law based on passage of Senate Bill 1. It was passed on 8/27/03 and takes effect on July 1, 2004. However, the organization I work for as a mortgage banker, does not have to comply. Our legal counsel informed me a couple of days ago tha since we provide an Opt-Out Form under the GLB Privacy Act and so as long as we are not giving out or selling the customer's information, then we do ot have to comply under the state's law. If your state has not adpoted a financial privacy law, consider yourself fortunate and I would continue comply under the GLB Act.

The opinions expressed are mine and not those of my employer.

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#156992 - 03/12/04 08:43 PM Re: State laws - Right To Financial Privacy Act
Scooter Offline
100 Club
Scooter
Joined: Sep 2002
Posts: 216
Michigan
If you are a member of the FICC cooperative, the Operations Manual has a section, "Information Requests" that will be very helpful to you.

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