12 U.S.C. § 3402
Access to financial records by Government authorities prohibited; exceptions
Section effective upon the expiration of 120 days after
Notes of Decisions
Cited in 95
cases (8 in the last 5 years), 1980–2025 · leading case: Carpenter v. United States, 138 S. Ct. 2206 (2018).
Carpenter v. United States, 138 S. Ct. 2206 (2018). “Subpoenas also may be used to obtain vehicle registration records, hotel records, employ- ment records, and records of utility usage, to name just a few other examples.”
Alva State Bank & Trust Co. v. Dayton, 755 P.2d 635 (Okla. 1988). “NOTES [1] Title 12 U.S.C. § 3402 (1978) provides: "Except as provided by section 3403(c) or (d), 3413, or 3414 of this title, no Government authority may have access to or obtain copies of, or the information contained in the financial records of any customer from a financial…”
Microsoft Corp. v. United States, 829 F.3d 197 (2d Cir. 2016). “Although some address the reach of SCA warrants, none of the amendments 21 The government argues that the SCA’s warrant provisions were “modeled after the Right to Financial Privacy Act,” 12 U.S.C. §§ 3402 (3), 3406, and that the latter act also “envisions that warrants—along…”
Corley v. Vance, 365 F. Supp. 3d 407 (S.D. Ill. 2019). “See 12 U.S.C. § 3402 . Similar to his ECPA claims, Plaintiff alleges that the DA Defendants improperly accessed his financial records without proper legal process, and that the RFPA Defendants improperly disclosed those records to the City of New York.”
In re the United States, 724 F.3d 600 (5th Cir. 2013). “”); see also 12 U.S.C. §§ 3402 , 3407, 3409 (prescribing that federal officials can obtain an individual's financial records, such as credit card statements, pursuant to judicial subpoena served on his financial institution if "there is reason to believe that the records sought…”
Abdelfattah v. United States Dep't of Homeland Sec., 787 F.3d 524 (D.C. Cir. 2015). “12 U.S.C. § 3402 . “Customers aggrieved by the improper disclosure of their records have a private right of action against the governmental authority that obtained the records and the financial institution that disclosed the records.”
Michael Presley v. United States, 895 F.3d 1284 (11th Cir. 2018). “See 12 U.S.C. § 3402 . But significantly, the RFPA does not affect the holding in Miller as it pertains to an IRS summons.”
United States v. Alvin Frazin, United States of Am. v. Ronald Mark Miller, 780 F.2d 1461 (9th Cir. 1986). “12 U.S.C. § 3402 . 1 Congress passed the Act in part as a response to United States v.”
Jodi Hohman v. Maurice Eadie, 894 F.3d 776 (6th Cir. 2018). “12 U.S.C. § 3402 . In Plaintiffs' claims under section 3417, they allege that the IRS violated section 3405 when it served the John Doe Summonses without first satisfying certain conditions as required by that section.”
Giannone v. Bank of Am., N.A., 812 F. Supp. 2d 216 (E.D.N.Y 2011). “, (hereinafter “BofA”) and United States Secret Service (hereinafter “USSS”) (collectively “defendants”) alleging that they violated the Right to Financial Privacy Act (“RFPA”), 12 U.S.C. §§ 3402 , 3403(a). The defendants have separately moved to dismiss plaintiffs complaint…”
Pontbriand v. Sundlun, 699 A.2d 856 (R.I. 1997). “The act, with several exceptions irrelevant to this case, prohibits any “Government authority” from having access to financial records without first procuring a subpoena or summons, 12 U.S.C. § 3402 , or the consent of the banking customer, 12 U.”
Waye v. First Citizen's Nat'l Bank, 846 F. Supp. 310 (M.D. Penn. 1994). “12 U.S.C. § 3402 (4). Plaintiffs’ complaint does not indicate whether the subpoena pursuant to which the records were supplied was issued by an administrative agency, a court, or a grand jury.”
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