breach of security of a bank in sending personal data to wrong person?

Question

My personal check was returned to a stranger. He now has my DL#, account and routing number. I want to sue this bank because I live now in fear, that my live could be financially ruined.

Answer 1

Since the data leakage was extremely limited and the risk is easily contained (meaning that you can't be ruined financially) it will probably be very difficult to convince anyone that your fear is a legitimate source of mental anguish. Even if you got a jury consisting only of deadbeats they'd see through this one. You aren't in fear, you are in greed. ;-) You think the bank has deep pockets so why not try to cash in. Good luck!

Answer 2

You can call the Bank Manager and insist they close the account and give you a new one without having to start over with the number.

You also want to request they put a stop payment on all the check numbers after the last one you wrote just as a precaution if someone tries to print checks with that account number. The bank should not charge you for this.

You can also file a police report so there is a record of this incident. This way, if something happens in the future, you have a paper trail.

You can also put fraud alerts on your credit report so new accounts can not be opened without phone verification from you.

You can sue as it is your right, but you have to show damages. If your information has not been used for criminal activity, what damage has been done? It's really silly. We have to wait to be victimized before we can stop the pathway to being victimized.

Edited to add: You can also file a complaint against the bank. http://www.federalreserve.gov/pubs/complaints/

Good luck.

Answer 3

This happens more often than you'd think. The checks are sorted and stuffed into envelopes via machine, sometimes one will stick to another and end up in the wrong envelope. I doubt you have a case for a lawsuit. Switch to online statments, or one where they retain the cancelled check.

Answer 4

First stop and close your account. Let the BMV know that someone has your drivers license number. Gather proof of this transaction and talk with an attorney.