PURSUE this, IF the party opposing you in the suit did this illegally it can be a HUGE DEAL to you in the case (In your favor) and I agree on talking to the bank's legal side rather than the manager, It could lead to sanctions of more against the opposing party, Their Attorney will NOT be happy!...
My Atty is on vacation til Wednesday . We’ll see what kind of waves we can cause …thanks for the info
Pretty sure it’s illegal, but I think it’s a violation on the bank side not criminal on the employee part. It’s a fireable offense at the Credit Union where I worked. And I think it’s tied to GLBA. Research, or ask your lawyer, about Gramm-Leach-Bliley Act.
Anything there is subject to discovery, including the 'suspect' tellers cell phone calls and txt logs. Your attorney should have a field day with this... continue on for sure but be sure to include legal counsel so its on the record. Wow what an insane situation!!
My girlfriend works at a Credit Union. As it is, the bank/bank manager will investigate this and probably terminate the employee. IF you involve police before they investigate and probably terminate, then it becomes a criminal matter and thus the lawyer stuff. There's bank policy and evidence of the violation of bank policy, and then there is criminal evidence which goes to the Varsity level. That involves search warrants and all the other legal shit as well. The employee may be guilty as shit of this, but they still have legal protected Rights. So, they're going to protect the evidence to ensure it's not compromised and admissable in court.
Consult a good lawyer and let them handle it, there is a lot of malfeasance there. However, if the lawyer has the same "I don't want to cause trouble for anyone" attitude that you are showing then just forget about it and let yourself get screwed in court. You have someone you don't know accessing your personal bank information to cause legal trouble for you on behalf of someone you know looking to make legal trouble for you and you don't want to make trouble for them? I'd be down there during their busiest time confronting that teller at the top of my lungs for stealing your personal information from the bank's database. I'd cause enough of a scene that the police would be called and then I'd explain the whole situation to a reporter for your local paper. "Highly aggravated" doesn't begin to describe what I think is the appropriate response to the situation. And I certainly wouldn't stay with that bank. This is a very serious betrayal of customer trust and probably illegal.
The bank is 100% obligated to protect your personal info from both outside and within. They are on the hook for damages. Having your info given out to a third party without your consent in an effort to manipulate a ongoing legal matter is likely criminal.
If it's true, it wasn't paranoia. Have you notified your lawyer of your hunch? He would've been my first stop, before the BBS. Sounds like at a minimum, the bank employee should be questioned/deposed.
Yes I let him know , it’s hard to prove that’s why she accessed it unless she’s willing to turn and start talking . If anything , it’s going to result in some uncomfortable conversations but hopefully sanctions and/or some quicker resolution to my case. Financial compensation near the price of a desmosedici would be sufficient It’s more valuable that the employee is on my side and assists than anything the bank could offer me within reason though. I’ve since discovered she had been accessing my deceased brothers account over the year as well. Well, before he died , but also after he died multiple times.
Agreed. That's why I was thinking a friendly deposition with your lawyer (carrot) would be preferable to you filing charges with the police (stick). If she's working for your opponent in court, flipping her could be very useful.
Flipping the teller shouldn't be difficult, she is probably not the brightest bulb on the marquis if she engaged in something like this in the first place. It shouldn't be too difficult to point out that she has lost her job no matter what happens and that staying out of jail and avoiding huge fines is in her best interest. Explain to her that the bank has expensive lawyers and lots of money to pay them and that they will gladly pull the rug out from under her in order to avoid repercussions for the company and her bosses. Also, make sure she knows that you will do your best to sue her into oblivion if she doesn't cooperate or lies to you. Always go after the weakest link in the chain. As far as police involvement, I agree they shouldn't be your first stop but don't leave them out of the equation. And don't forget state and federal oversight agencies. This doesn't sound like a difficult case to prosecute, there is a lot of record-keeping involved so it would be tough to hide what went on.
This sounds like a GLBA violation, so it would not fall under the CFPB. It would be handed by the bank’s regulator.
Leave me out of this. When I worked for VZW, you could get in big trouble pulling up accounts that you didn't have business with. If you pulled something from a typo, you had to add a note to the account to cover yourself. Also, don't do that multiple times. I know a nice sales person that did a good job. She got promoted to customer after pulling up her, soon to be ex husbands, account to see call information.
That'd be a dumb reaction - it's a smart move if the banker wants to be helpful, can't share anything - like he already has - if anything legal is mentioned or gets involved. Nothing in there says you can't bring them in at any time you like but it immediately limits what he can do to help you out and get you more info.
Exactly. Talk to your lawyer, see if there is anything they can think of to get asap and then make it official.