Notes of Decisions
Cited in
222
cases (
15 in the last 5 years), 1979–2026 · leading case:
State v. Popenhagen, 2008 WI 55 (Wis. 2008).
State v. Popenhagen, 2008 WI 55 (Wis. 2008).
· cites it 4× “¶ 206 Popenhagen argues that Miller is not controlling because the enactment of *656 the Right to Financial Privacy Act (Financial Privacy Act), 12 U.S.C. § 3401 , et seq., effectively overruled it and, therefore, the Financial Privacy Act entitles citizens to a privacy interest…”
Donald J. Trump v. Deutsche Bank AG, 943 F.3d 627 (2d Cir. 2019).
· cites it 3× “Statutory Claim––RFPA Appellants contend that the subpoenas are invalid for failure of the Committees to comply with the Right to Financial Privacy Act (“RFPA” or “Act”), 12 U.S.C. §§ 3401‒3423. RFPA prohibits a financial institution’s disclosure of a customer’s financial…”
Jodi Hohman v. Maurice Eadie, 894 F.3d 776 (6th Cir. 2018).
· cites it 4× “This appeal raises a highly technical issue arising from a potential conflict between the Internal Revenue Code and the Federal Right to Financial Privacy Act of 1978, 12 U.S.C. §§ 3401 - 3422. 1 The IRS issued two "John Doe" summonses without first obtaining approval in a…”
Nichols v. Council on Jud. Complaints, 615 P.2d 280 (Okla. 1980).
· cites it 10× “HARGRAVE, Justice, concurring in part: I would quash the subpoena considered in this proceeding for the sole reason that the Respondent has conceded that the subpoena issued herein did not comply with the laws of this State in force at the time of issuance.”
Abdelfattah v. United States Dep't of Homeland Sec., 787 F.3d 524 (D.C. Cir. 2015).
· cites it 2× “, and the Right to Financial Privacy Act, 12 U.S.C. § 3401 . et seq. Abdelfattah further asserts that DHS’s creation and maintenance of the TECS records violates the Fifth Amendment to the Constitution.”
Perrin Davis v. Facebook, Inc., 956 F.3d 589 (9th Cir. 2020).
“at 3 (“[The SCA] is modeled after the Right to Financial Privacy Act, 12 U.S.C. § 3401 et seq. to protect privacy interests in personal and proprietary information .”
Nikrasch v. State, 698 S.W.2d 443 (Tex. App. 1985).
· cites it 4× “12 U.S.C.A. § 3401 (3) (1980) defines "Government authority" as "any agency or department of the United States, or any officer, employee or agent thereof.”
Strother v. Harte, 171 F. Supp. 2d 203 (S.D.N.Y. 2001).
· cites it 2× “Federal question jurisdiction is based on the purported civil rights claims as well as claims under the' Right to Financial Privacy Act (the “Financial Privacy Act”), 12 U.S.C. § 3401 et seq., and the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.”
Pontbriand v. Sundlun, 699 A.2d 856 (R.I. 1997).
· cites it 3× “§ 1983 , 12 U.S.C. § 3401 , and the Federal Privacy Act of 1974, P.”
Elaine L. Chao, Sec'y of Labor, United States Dep't of Labor v. Cmty. Trust Co., 474 F.3d 75 (3rd Cir. 2007).
· cites it 4× “This appeal presents the question of when a district court may enforce a government agency’s subpoena duces tecum against a financial institution in light of two statutes which protect private consumer financial information, the Right to Financial Privacy Act (RFPA), 12 U.S.C. §…”
Indiana Nat'l Bank v. Chapman, 482 N.E.2d 474 (Ind. Ct. App. 1985).
· cites it 4× “Finally the court noted its reasoning was in line with the Right to Financial Privacy Act, 12 U.S.C. § 3401 et seq. which outlines the situations under which federal government authorities may have access to an individual's financial reasons.”
Corley v. Vance, 365 F. Supp. 3d 407 (S.D. Ill. 2019).
“§§ 2701 - 2713, the Right to Financial Privacy Act ("RFPA"), 12 U.S.C. §§ 3401 - 3423, and the Driver's Privacy Protection Act ("DPPA"), 18 U.”
Puerta v. United States, 121 F.3d 1338 (9th Cir. 1997).
· cites it 3× “§ 3403 (c), to the Right To Financial Privacy Act, 12 U.S.C. § 3401 , et seq. The issue is whether a bank employee can tell an inquiring federal agent anything about a custom *1340 er’s account, and if so, how much, without subjecting the bank to liability.”
State v. Schultz, 850 P.2d 818 (Kan. 1993).
· cites it 2× “Legislative history reflects that the United States Congress adopted the Right to Financial Privacy Act, 12 U.S.C. § 3401 et seq. (1988), in direct response to and as a criticism of the Miller decision: "The title is a congressional response to the Supreme Court decision in .”
Commodity Futures Trading Comm'n v. Worth Bullion Grp., Inc., 717 F.3d 545 (7th Cir. 2013).
· cites it 2× “1 See 12 U.S.C. §§ 3401 , 3402(2), 3405. The district court rejected this argument, finding that the RFPA does not apply to appellants, and ordered Worth, Mintco, and DSD to comply in full with the subpoenas.”
Lincoln Bank & Trust Co. v. Oklahoma Tax Comm'n, 827 P.2d 1314 (Okla. 1992).
· cites it 2× “[34] For example, before the 1982 amendment to § 652 of the Uniform Disposition of Unclaimed Property Act, a savings deposit was presumed abandoned unless the owner indicated an interest in the funds, i.”
Wolf v. Regardie, 553 A.2d 1213 (D.C. 1989).
· cites it 2× “3697 (codified as amended at 12 U.S.C. § 3401 et seq. (1982 and Supp. IV 1986)); and cases, e.”
Walker v. S.W.I.F.T. Scrl, 517 F. Supp. 2d 801 (E.D. Va. 2007).
“Constitution, the Right to Financial Privacy Act, 12 U.S.C. §§ 3401 , et seq. (RFPA), and the Illinois Consumer Fraud and Deceptive Business Practices Act, 815 111.”
Bansal v. Russ, 513 F. Supp. 2d 264 (E.D. Pa. 2007).
· cites it 2× “Allegations Against the AUSA Defendants In Count 1 of his complaint, Plaintiff alleges the AUSA Defendants violated the Right to Financial Privacy Act, 12 U.S.C. § 3401 , et seq., by obtaining Plaintiffs bank and credit card records without “providing] any certification of…”
Michael Presley v. United States, 895 F.3d 1284 (11th Cir. 2018).
“1990), Plaintiffs argue that if their Fourth Amendment challenge does not succeed, "then [the Right to Financial Privacy Act, 12 U.S.C. §§ 3401 - 3422 ] would apply." But Plaintiffs asserted this argument for the very first time only after we held oral argument in this case,…”
Edelmann v. United States, 76 Fed. Cl. 376 (Fed. Cl. 2007).
“Plaintiffs further assert that the Government unlawfully *379 gained access to, and certain financial institutions unlawfully disclosed to the Government, plaintiffs’ financial records in violation of the Right to Financial Privacy Act of 1978, 12 U.S.C. § 3401 et seq. (2000)…”
Manufacturas Int'l, Ltda. v. Mfrs. Hanover Trust Co., 792 F. Supp. 180 (E.D.N.Y 1992).
· cites it 3× “In the Bank Cases, plaintiffs argue that the banks violated several federal statutes by seizing the funds: the Right to Financial Privacy Act, 12 U.S.C. § 3401 et seq., the Omnibus Crime Control and Safe Streets Act, 18 U.”
Thomas v. United States Dep't of Homeland Sec., 876 F. Supp. 2d 1 (D.D.C. 2012).
· cites it 6× “Bland, III and Gary Walker, filed separate miscellaneous actions, through which each of them sought “an order preventing the government from obtaining access to [his] financial records[,]” pursuant to the Right to Financial Privacy Act, 12 U.S.C. § 3401 et seq. (“RFPA”).…”
McDonough v. Widnall, 891 F. Supp. 1439 (D. Colo. 1995).
· cites it 5× “Facing imminent court-martial, McDon-ough filed a motion for a temporary restraining order (TRO) which I granted ex parte, in part because of similar pending allegations that in the recent past the AFOSI failed to follow the procedures outlined in the Right to Financial Privacy…”
United States v. Long, 64 M.J. 57 (C.A.A.F. 2006).
· cites it 2× “435, 442 (1976), superseded by statute, Right to Financial Privacy Act of 1978, 12 U.S.C. § 3401 (2000), as recognized in SEC v.”
Alva State Bank & Trust Co. v. Dayton, 755 P.2d 635 (Okla. 1988).
· cites it 2× “" The federal act does not apply to the facts presented by the instant case because of the definition that 12 U.S.C. § 3401 (3) gives to governmental authority.”
Pittsburgh Nat'l Bank v. United States, 771 F.2d 73 (3rd Cir. 1985).
· cites it 2× “A “customer” is defined under the Act as “any person or authorized representative of that person who utilized or is utilizing any service of a financial institution____” 12 U.S.C. § 3401 (5). A person is defined as “an individual or a partnership of five or fewer individuals.”
Bean LLC v. John Doe Bank, 291 F. Supp. 3d 34 (D.C. Cir. 2018).
· cites it 3× “ANALYSIS Fusion opposes the Subpoena on four independent grounds: (1) it lacks a valid legislative purpose; (2) it is overbroad and seeks information that is not relevant to the Committee's investigation; (3) it violates Fusion's First Amendment rights; and (4) it violates the…”
Kosmider v. Garcia, 111 A.D.3d 1134 (N.Y. App. Div. 2013).
· cites it 2× “Plaintiffs further argue that the issuance of the Champlain subpoena violated a statutory right to privacy conferred upon them by the Federal Right to Financial Privacy Act of 1978 ( 12 USC § 3401 et seq. [hereinafter RFPA]).”
Walker v. S.W.I.F.T. Scrl, 491 F. Supp. 2d 781 (N.D. Ill. 2007).
· cites it 4× “Walker’s original Complaint specifically alleged that SWIFT had violated section 3402 of the Right to Financial Privacy Act (“RFPA”), 12 U.S.C. §§ 3401 et seq., as well as the Illinois Consumer Fraud and Deceptive Business Practices Act (“CFDBPA”), 815 Ill.”
Everett v. State, 186 A.3d 1224 (Del. 2018).
“This disclosure has been necessitated because of the nature of the instrumentality, but more significantly the disclosure has been made for a limited business purpose and not for release to other persons for other reasons.”
Clayton Brokerage Co. v. Clement, 87 F.R.D. 569 (D. Maryland 1980).
· cites it 2× “The bank, apparently citing the Right to Financial Privacy Act of 1978 ( 12 U.S.C. §§ 3401 et seq., “Financial Privacy Act”), has refused to supply the subpoenaed records to the plaintiff; the bank has delivered some of the records to the Court.”
In Re Porras, 191 B.R. 357 (Bankr. W.D. Tex. 1995).
· cites it 6×
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