12 U.S.C. § 3404

Customer authorizations

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(a) Statement furnished by customer to financial institution and Government authority; contentsA customer may authorize disclosure under section 3402(1) of this title if he furnishes to the financial institution and to the Government authority seeking to obtain such disclosure a signed and dated statement which—(1) authorizes such disclosure for a period not in excess of three months;(2) states that the customer may revoke such authorization at any time before the financial records are disclosed;(3) identifies the financial records which are authorized to be disclosed;(4) specifies the purposes for which, and the Government authority to which, such records may be disclosed; and(5) states the customer’s rights under this chapter.(b) Authorization as condition of doing business prohibited

No such authorization shall be required as a condition of doing business with any financial institution.

The customer has the right, unless the Government authority obtains a court order as provided in section 3409 of this title, to obtain a copy of the record which the financial institution shall keep of all instances in which the customer’s record is disclosed to a Government authority pursuant to this section, including the identity of the Government authority to which such disclosure is made.

(Pub. L. 95–630, title XI, § 1104, Nov. 10, 1978, 92 Stat. 3698; Pub. L. 96–3, Mar. 7, 1979, 93 Stat. 5.)Editorial NotesAmendments

1979—Subsec. (d). Pub. L. 96–3 struck out subsec. (d) which had directed that all financial institutions promptly notify all of their customers of their rights under this chapter, that the Board of Governors of the Federal Reserve System prepare a statement of customers’ rights under this chapter, and that the supplying of such a statement to their customers by the financial institutions be deemed compliance with the notification requirement.

Statutory Notes and Related SubsidiariesEffective Date

Section effective upon the expiration of 120 days after Nov. 10, 1978, see section 2101 of Pub. L. 95–630, set out as a note under section 375b of this title.

Notes of Decisions

Cited in 10 cases, 1984–2020 · leading case: Carpenter v. United States, 138 S. Ct. 2206 (2018).

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Carpenter v. United States, 138 S. Ct. 2206 (2018). “shall make all disclosures pursuant to section 1681g of this title once during any 12-month period upon request of the consumer and without charge to the consumer”); Right to Financial Privacy Act of 1978, 12 U. S. C. §3404 (c) (“The customer has the right .”

Bond v. U.S. Postal Serv. Fed. Credit Union, 164 F. Supp. 3d 740 (D. Maryland 2015). · cites it 4× “While it is true that, generally speaking, an authorization to release records under the RFPA must be in writing and must comply with certain enumerated requirements, see 12 U.S.C. § 3404 , the lack pf such a writing — in light of the unusual scenario giving rise to the dispute…”

Pontbriand v. Sundlun, 699 A.2d 856 (R.I. 1997). “§ 3402 , or the consent of the banking customer, 12 U.S.C. § 3404 . A right of action with significant civil penalties is afforded to remedy violations of the act’s provisions.”

Waye v. First Citizen's Nat'l Bank, 846 F. Supp. 310 (M.D. Penn. 1994). “Although service was the responsibility of the issuing government authority, not the bank, under the Act, the bank should not have released the records without first receiving a certificate of compliance. 12 U.S.C.”

United States v. Whitty, 688 F. Supp. 48 (D. Me. 1988). “Finally, a customer may authorize disclosure of financial records by issuing a signed statement in accordance with 12 U.S.C. § 3404 . The RFPA also restricts disclosure of financial records by financial institutions themselves.”

In Re the Grand Jury Proceedings of Castiglione, 587 F. Supp. 1210 (E.D. Cal. 1984). “§ 3409 provides: (a) upon application of the Government authority, the customer notice required under section 1104(c), 1105(2), 1106(c), 1107(2), 1108(4), or 1112(b) [ 12 U.S.C. §§ 3404 (c), 3405(2), 3406(c), 3407(2), 3408(4), 3412(b)] may be delayed by order of an appropriate…”

Duncan v. Belcher, 813 F.2d 1335 (4th Cir. 1987). “12 U.S.C. § 3404 (a). The record does not establish that Duncan executed an authorization that satisfied the detailed requirements of § 3404.”

Carpenter v. United States (2018). “shall make all disclosures pursuant to section 1681g of this title once during any 12-month period upon request of the consumer and without charge to the consumer”); Right to Financial Privacy Act of 1978, 12 U. S. C. §3404 (c) (“The customer has the right .”

(PS) Nelson Rogers v. Enjalran (E.D. Cal. 2020). “§ 3403 ; 12 U. S.C. § 3404; 15 U.S.C. § 1692D; 15 U.”

Ralph O. Douglas v. Anson Fin., Inc. (Tex. App. 2006). “27: 12 U.S.C.A. § 3404 (a)(5). 28: See id. §§ 3401-3422 (West 2001 & Supp.”

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