Can you sue a bank for a breach of confidentiality?

UPDATED: Aug 30, 2011

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Can you sue a bank for a breach of confidentiality?

I sold an item on-line and was sent a fake money order. I deposited it into my checking account and then more than a week later the bank decided it was a fake. Now they say I am liable to pay back the money. Also, a bank of employee is harassing my family in public places about my account. I am not a minor and I consider this to be a breach of my confidentiality as I am an adult. Am I right?

Asked on August 30, 2011 Kansas


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

As to the issue of the fraudulent check, if you spent the money you deposited in your account, you are responsible to pay back the bank for those monies and any insufficient funds or returned check fees. Further, please keep in mind that just because a check is made available after a certain amount of days does not mean the funds are good and the check is good. It simply means the federal law (Expedited Funds Availability Act) requires the bank to make the funds available after a certain amount of time. That time frame depends on the amount of the check and who is the paying bank. As to the privacy matter, you are absolutely correct. Your issues with your bank regarding your bank account is between you, the bank and any attorneys involved. This is absolutely a violation of privacy laws (federal and state) and you must report this matter to the bank's regulator immediately.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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