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Right to Financial Privacy Act (RFPA)

Summary:

Customer must authorized access to the customer's records in a written statement as set forth in the act.

Financial records are disclosed in response to an administrative subpoena. The customer must be mailed a copy of the subpoena, customer has the right, within 10 days of receiving the notice, of filing a motion to prevent disclosure.

Financial records are disclosed in response to a search warrant.

Financial records are disclosed in response to a judicial subpoena. A copy of the subpoena must have been served on the customer on or before the date on which the financial institution was served.

In the absence of a subpoena, financial records are disclosed in response to a formal written request which must meet guidelines set forth in the act. A government agency may gain access to a consumer's financial records without notice to the consumer if the agency is investigating the financial institution, not the consumer.


Subsection:

3401 Definitions

3402 Access to Financial Records by Government Authorities Prohibited; Exceptions

3403 Confidentiality of Financial Records

3404 Customer Authorizations

3405 Administrative Subpoena and Summons

3406 Search Warrants

3407 Judicial Subpoena

3408 Formal Written Request

3409 Delayed Notice


3410 Customer Challenges

3411 Duty of Financial Institutions

3412 Use of Information


3413 Exceptions


3414 Special Procedures

3415 Cost Reimbursement

3416 Jurisdiction


3417 Civil Penalties


3418 Injunctive Relief


3419 Suspension of Limitations

3420 Grand Jury Information; Notification of Certain Persons Prohibited

3421 Repealed


3422 Applicability to Securities and Exchange Commission