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Alex
Alex, Attorney
Category: Business Law
Satisfied Customers: 61
Experience:  Experienced attorney representing businesses and governmental agencies. Start-ups and existing Cos.
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I gave a friend some money to deposit into my business account.

Customer Question

I gave a friend some money to deposit into my business account. She went into the bank intoxicated and made a huge scene and disrupted the bank. However, the bank tried to call me, and I was not available. The bank then called the previous owner. The previous owner has nothing to do with the business what so ever and informed him of the situation. Can the bank do that? As a result the previous owner is now spreading lies and rumors about my place of business.
Submitted: 5 years ago.
Category: Business Law
Expert:  Alex replied 5 years ago.
Hello. Wow...That is quite a story. No they cannot do that because they are bordering if not crossing the law pertaining to your privacy pertaining to credit and financial information. In reviewing your description here I feel that they may have potentialy violated some important laws relating to your right to privacy and right to privacy as it relates to your accounts with them as well. Of course, they will claim they had an emergency situation here or were acting out of concern for your account needs or something like that and that they did not do this intentionally or with malice toward you and your business. I would recommend you write a letter to the president advising her or him of the bank's need to protect your account information and transactions, which includes information about your unruly agent's attempt to deposit into one of your business accounts. I would also get a copy of their privacy policies and statements to customers to review first and also to highlight for them in this letter. I would try to show them what they potentially violated here. You might want to consult a reputable local attorney if you in fact believed that they violated this law and also any laws relating to slander or defaming you and your business too. Finally, if their act was done maliciously and with intent to harm you and your business, you might have a case against them for interfering with your contractual and business relations too. However, under the facts you describe I would say it might not be worth suing them for damages unless you can actually show how you were harmed and be able to link that to their bad acts too. Finally, as you know truth is a defense to defamation actions too. My biggest concern in reading your story here was privacy and their violating this too. You might also want to warn them or even report them to the federal government for violating privacy rights here too. Finally, I would review whether this person who is berating you and your business is really causing you financial damage. If so, then again speak to an attorney about defamation and a tortious interference with your business relations type of case against him. Just remember - truth is a defense. Last but not least you might want to guide and help out your friend too so that she tapers or stops her alcohol somewhat too, especially if it directly or indirectly can affect opinions towards you and your business too. However, her actions and alcohol consumption did not realy excuse violating privacy laws and indirectly and directly revealing your personal account information at all either, if in fact they did (and I feel they may have indirectly somehow too). You can also forget it and realize that your reputation and your worth as a business person and owner will be shown over time through your positive contribution to your community too. Well, I hope this helps you out somewhat. If you found my answer somehow informative and helpful, kindly hit the accept button too. Thank you in advance and for any bonus you might send too. Best of luck in your business and personal pursuits too. Regards, XXXXX XXXXX

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