U.S. Code » Title 12 » Chapter CHAPTER 35— RIGHT TO FINANCIAL PRIVACY

12 U.S.C. § 3410

Customer challenges

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(a) Filing of motion to quash or application to enjoin; proper court; contentsWithin ten days of service or within fourteen days of mailing of a subpena, summons, or formal written request, a customer may file a motion to quash an administrative summons or judicial subpena, or an application to enjoin a Government authority from obtaining financial records pursuant to a formal written request, with copies served upon the Government authority. A motion to quash a judicial subpena shall be filed in the court which issued the subpena. A motion to quash an administrative summons or an application to enjoin a Government authority from obtaining records pursuant to a formal written request shall be filed in the appropriate United States district court. Such motion or application shall contain an affidavit or sworn statement—(1) stating that the applicant is a customer of the financial institution from which financial records pertaining to him have been sought; and(2) stating the applicant’s reasons for believing that the financial records sought are not relevant to the legitimate law enforcement inquiry stated by the Government authority in its notice, or that there has not been substantial compliance with the provisions of this chapter.Service shall be made under this section upon a Government authority by delivering or mailing by registered or certified mail a copy of the papers to the person, office, or department specified in the notice which the customer has received pursuant to this chapter. For the purposes of this section, “delivery” has the meaning stated in rule 5(b) of the Federal Rules of Civil Procedure.(b) Filing of response; additional proceedings

If the court finds that the customer has complied with subsection (a), it shall order the Government authority to file a sworn response, which may be filed in camera if the Government includes in its response the reasons which make in camera review appropriate. If the court is unable to determine the motion or application on the basis of the parties’ initial allegations and response, the court may conduct such additional proceedings as it deems appropriate. All such proceedings shall be completed and the motion or application decided within seven calendar days of the filing of the Government’s response.

(c) Decision of court

If the court finds that the applicant is not the customer to whom the financial records sought by the Government authority pertain, or that there is a demonstrable reason to believe that the law enforcement inquiry is legitimate and a reasonable belief that the records sought are relevant to that inquiry, it shall deny the motion or application, and, in the case of an administrative summons or court order other than a search warrant, order such process enforced. If the court finds that the applicant is the customer to whom the records sought by the Government authority pertain, and that there is not a demonstrable reason to believe that the law enforcement inquiry is legitimate and a reasonable belief that the records sought are relevant to that inquiry, or that there has not been substantial compliance with the provisions of this chapter, it shall order the process quashed or shall enjoin the Government au­thority’s formal written request.

(d) Appeals

A court ruling denying a motion or application under this section shall not be deemed a final order and no interlocutory appeal may be taken therefrom by the customer. An appeal of a ruling denying a motion or application under this section may be taken by the customer (1) within such period of time as provided by law as part of any appeal from a final order in any legal proceeding initiated against him arising out of or based upon the financial records, or (2) within thirty days after a notification that no legal proceeding is contemplated against him. The Government authority obtaining the financial records shall promptly notify a customer when a determination has been made that no legal proceeding against him is contemplated. After one hundred and eighty days from the denial of the motion or application, if the Government authority obtaining the records has not initiated such a proceeding, a supervisory official of the Government authority shall certify to the appropriate court that no such determination has been made. The court may require that such certifications be made, at reasonable intervals thereafter, until either notification to the customer has occurred or a legal proceeding is initiated as described in clause (A). 11 So in original. Section does not contain a clause (A).

(e) Sole judicial remedy available to customer

The challenge procedures of this chapter constitute the sole judicial remedy available to a customer to oppose disclosure of financial rec­ords pursuant to this chapter.

(f) Affect on challenges by financial institutions

Nothing in this chapter shall enlarge or restrict any rights of a financial institution to challenge requests for records made by a Government authority under existing law. Nothing in this chapter shall entitle a customer to assert the rights of a financial institution.

(Pub. L. 95–630, title XI, § 1110, Nov. 10, 1978, 92 Stat. 3703.)Editorial NotesReferences in Text

Rule 5(b) of the Federal Rules of Civil Procedure, referred to in subsec. (a), is set out in the Appendix to Title 28, Judiciary and Judicial Procedure.

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 64 cases (14 in the last 5 years), 1980–2025 · leading case: Nicksolat v. United States of Am. Dep't of Transp., 277 F. Supp. 3d 122 (D.D.C. 2017).
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Nicksolat v. United States of Am. Dep't of Transp., 277 F. Supp. 3d 122 (D.D.C. 2017). · cites it 12× “If the customer’s initial motion satisfies the procedural requirements set forth in 12 U.S.C. § 3410 (a) and “presents a prima facie case of impropriety” with respect to the government’s subpoena, Hancock v.”
Waye v. First Citizen's Nat'l Bank, 846 F. Supp. 310 (M.D. Penn. 1994). · cites it 3× “” 12 U.S.C. § 3410 (a). The proper recourse is the filing of such an application or motion “stating the applicant’s reasons for believing that the financial records sought are not relevant to the legitimate law enforcement inquiry .”
Am. Civil Liberties Union v. Holder, 673 F.3d 245 (4th Cir. 2011). · cites it 2× “§ 1535 (a) (mandating seal and ex parte hearing of appeals concerning denial of application for removal of an alien suspected of terrorism); 12 U.S.C. § 3410 (b) (providing for in camera response of government to a customer motion to quash a bank record subpoena); 15 U.”
Thomas v. United States Dep't of Homeland Sec., 876 F. Supp. 2d 1 (D.D.C. 2012). · cites it 12× “Pursuant to 12 U.S.C. § 3410 (a), a customer of a financial institution “may file a motion to quash an administrative summons or judicial subp[o]ena, or an application to enjoin a Government authority from obtaining financial records pursuant to a formal written request” within…”
Hancock v. Marshall, 86 F.R.D. 209 (D.D.C. 1980). · cites it 5× “If the customer’s motion satisfies the threshold standards set forth in 12 U.S.C. § 3410 (a), then the court must order the Government authority to file a sworn response.”
United States v. Curtin, 44 M.J. 439 (C.A.A.F. 1996). · cites it 4× “Relying on 12 USC § 3410 (a), the military judge ruled that the subpoenas were administrative rather than judicial in nature because they had been issued by trial counsel rather than the military judge — or someone who was acting by the judge’s direction — and that the proper…”
Feiner v. United States Sec. & Exch. Comm'n, 914 F. Supp. 2d 474 (S.D.N.Y. 2012). · cites it 4× “) Movant then timely and properly filed the instant motion with this Court under the RFPA to quash the SEC’s subpoena.”
Collins v. Commodity Futures Trading Comm'n, 737 F. Supp. 1467 (N.D. Ill. 1990). · cites it 3× “Procedural History On March 14 and 15, movants filed 15 motions to quash the subpoenas pursuant to 12 U.S.C. § 3410 (a), which provides, in relevant part: Within ten days of service or within fourteen days of mailing of a subp[o]ena, summons, or formal written request, a…”
United States v. Dowty, 48 M.J. 102 (C.A.A.F. 1998). · cites it 2× “Appellant, exercising his rights under the statute, 12 USC § 3410 , filed a motion on September 15, 1994, in the United States District Court for the District of Columbia challenging the Government’s access to the records.”
Rodriguez v. Fed. Sav. & Loan Ins. Corp., 712 F. Supp. 159 (N.D. Cal. 1989). · cites it 6× “1 Plaintiffs argue that FSLIC has not satisfied the requirements of the Financial Right to Privacy Act (“RFPA”), 12 U.S.C. § 3410 , that governs customer challenges to investigative subpoenas of financial institution records.”
Breakey v. Inspector Gen., 836 F. Supp. 422 (E.D. Mich. 1993). · cites it 6× “§ 3405 (Requirements for administrative subpoena and summons) and 12 U.S.C. § 3410 (Section dealing with customer challenges).”
United States v. Wooten, 34 M.J. 141 (1992). · cites it 3× “See 12 USC §§ 3410 (e) and (f) 7 and 3417. 8 As the military judge *147 properly recognized, Congress intended these civil remedies to be the only remedies for a breach of this Federal statute.”
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