Bankers/ lawyers help needed

At the very minimum they violated their own privacy policy. They are required to send you a copy of it every year. See if you can find yours or check their website and see what it says they will and will not do. Then report them to their chief regulator (I assume it would be the Office of the Comptroller of the Currency, but I am not sure)

 

Probably not. What real damage did you suffer? Can you prove they did it? Did they give out enough personal info for the recipient of the info to steal your identity?

 

They have the obligation to protect your personal information which clearly they did not. They have to notify you in the event of a breach of your data. (Do they realize they screwed up yet?) I am not sure what the penalties are for said screw up. I'm not a lawyer, just a banker that tries to avoid problems like this.

 

Start by talking to their compliance officer

 

A friend of mine went through a nasty divorce, her husband paid a teller $5,000 for her info, withing 3 days she had a $400,000 cheque from TD Canada. The ramifications, I don't know but it could be a pay day. Have the person who is on the account go into the bank and raise old hell. Have them tell the manager that the person who was told is an ex and they posted it all over Facebook and Myspace. Or something similar.

 

The teller at TD wasn't fired, it's like it never happened. Call the lawyer and then talk to the bank rep, in that order, that way you know what you can do and say.

 

Not very likely. You will have to show how you were "injured" and hurt feelings dont count. That is why lawyers LOVE disability/wrongful death cases.

 

If I were them, and I am no friend of banks, after disciplining the offending person and making sure no unauthorized charges appear on your card maybe comp'ing your yearly fee, I would use the "cry baby" defense against you.

 

Wow! Did you get it on tape?

Anyway you cut it.. You are sadly just wasting your time.. Call compliance all you want, call all the attorneys you want?

They will just say "sorry the rep didn't do that"..

 

Did you talk to the manager first?

 

What is the point of this "lawsuit"?

How were you injured? I mean, was it a bill collector who told a friend/parent/relative something that pissed you off? Are you looking for a payday or are you looking for revenge?

Based on the level of anger, I am guessing it was a bill collector who upset you by doing this. You're not going to get $400k, and if you pursue this, it may very well cost you a bundle of money. If it was a bill collector, it falls under the fair debt collection practices act. If not, then many states have laws about disclosure of financial info. For the FDCPA and for most state law, the penalty is $1,000 for an infraction. You can go for punitive damages if the disclosure is shown to be willful and intentional.

Even if you could get the phone records (and it would not likely be as easy as you suggest, especially if it was a bill collector, and that's IF the call was recorded, when many are not), and if you could convince a jury it was willful and intentional, punitive damages are generally going to be a single digit multiple... so you're looking at maybe $10k MAX if everything goes your way. Add in probably 2x to 3x that in lawyer fees or (probably much) more and you end up with a big net loss by pursuing this.

Here's what will happen... the employee will get told to be more careful next time. If you are on the warpath demanding they be fired, at best they will tell you they are going to handle the situation... no legitimate company is even going to tell you that the employee is going to get fired - they will tell you it's an internal matter and it can't be disclosed, and that would be true. At best they tell you "between you and I" the person is looking for work, and once you're off the phone they walk over and tell them to be more careful next time and both have a laugh at the raging customer. No company is going to prove it and give you the employees name or anything like that.

I don't understand what the actual damages were, so I don't understand the point of this crusade other than revenge. If that's it, there are many better ways to spend your time and energy.


Just my .02. We both know you're not going to sue them over this, so better to just let it go IMO.

 

sorry but it just sounds like you are after easy money. i mean what real damages did you incur? i understand where you are coming from, in that it was wrong of the employee, but come on. tell a supervisor and move on. its cases like this that make our legal system such a joke. its like people are just looking for someone to bring to court.

 

+1

 

+1

 

You should not that everything you wrote here, the above of which is an example, is admissible in court for the defense that you are seeking money with out really being hurt. Good luck on the counter suit.

 

im sorry but after giving it a little time for me to cool down i am still pissed. this is just pathetic! how can people walk around, feeling good about themselves, knowing they are taking advantage of a situation like this? its down right disgusting! you are blatantly trying to get rich off of something so trivial. what happened to the days of an honest days work? who was this information given to your kid? parent? i wouldnt doubt it.

are you fu<king serious? get out of town! why on earth do you deserve 400k? i wouldnt be surprised if this is how you afford the life you have. you probably eat every meal for free by *****ing out management that there wasnt enough ice in your drink. there is a word for people like you, a con.

if all you wanted was for the guy to lose his job then talk to his boss. you are after a lot more than just that, and a whole hell of a lot more than you deserve. i truly hope you do file a lawsuit. please post here afterwards how much money you lost in the countersuit. lastly your plan to get rich is to go after boa? as great as your friend thinks he is i am willing to bet that boas di<k is bigger.







*mods i understand if this post needs to be deleted but i had to vent and i think it is a very valid point.

 

I have to agree. This is a case of money (or hope there of) over sense. I just hope he realizes that this thread, his posts, in a publicly viewable forum or admissible as evidence against him.

Madmaxatl, you get this..... Atlanta must be soooo proud of you.
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Me thinks 2 things, you have not talked to an attorney on this and you do not know very much about the lawsuit process.

Any attorney worth anything is going to ask you for a $10k retainer, any other amount then you are just wasting your money.

So maybe you think you can represent yourself in this matter. Yea, right!

I am telling you this as fact. Attorney or not, Subpoena or not, you will never, ever, ever, oh one more ever, get a hold of any tape of any conversation. Without that, you have no case.

Sorry that is just the facts.

So again, Do you happen to make a copy yourself of the conversation?