Can I sue a bank/collection agent who sent me SMS messagecontaining my full credit card number?

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Can I sue a bank/collection agent who sent me SMS messagecontaining my full credit card number?

I received an SMS message through my cellular phone from a bank agent, reminding me to pay my overdue credit card payment. In this message he/she typed the fulldigits of the credit card number, instead of using stars *** plus last 4 digits. Is this considered by law as putting financial privacy under risk? Do I have the legal rights to sue this bank/collection firm?

Asked on September 28, 2010 under Bankruptcy Law, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

What exactly would you be suing them for? Was your identity stolen as a result of the message? Did someone take money a cash advance against your account, or charge something to your account? If you were fortunately enough to not suffer damage or losses, there is nothing to sue about; lawsuits are designed to compensate people for physical or economic injuries, so with no injury, there is no recovery possible. Nothing stops you from contacting the bank, letting them know how displeased you are at what was done, asking them to not do it again, and reminding them that if your information is intercepted and used improperly, you'd hold them liable. (Though if you do this, be professional and polite--that helps having your concerns taken seriously.)


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