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RFPA Certificate of Compliance

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Is it permissible for the government to simply give us the certificate of compliance at the same time they give us the subpoena?

If the subpoena is of a type where the customer is entitled to notice and a right to challenge, the certificate of compliance shouldn't be completed and given to you until after the challenge period has expired. Only then is it permissible to produce the records, so any certificate of compliance received before that time wouldn't be able to certify that all the legal requirements have been met.


Learn more about Mary Beth Guard’s Dealing with Subpoenas webinar.

First published on 10/03/2021

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