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Ask David C. Garner Your Own Question
David C. Garner
David C. Garner, Attorney
Category: Legal
Satisfied Customers: 1023
Experience:  JD with Distinction, Admitted to practice in California
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I'm interested in suing Bank of America as they gave out

Customer Question

Hi. I'm interested in suing Bank of America as they gave out private information about my company financials to an employee. Any ideas? Or thoughts?
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: I am in Oregon.
JA: Has anything been filed or reported?
Customer: No not yet. My employee tried to deposit a check today and they put a hold on it and he called and they said due to my poor financials and checks bouncing from my local credit union account to Bank of America accounts they will probably hold it for 2 weeks. I had a few issues just like any business does but this has embarrassed me to my best employee
JA: Anything else you want the lawyer to know before I connect you?
Customer: No not that I can think of
Submitted: 9 months ago.
Category: Legal
Expert:  David C. Garner replied 9 months ago.


I will try and help. You probably won't like this answer, but please don't shoot the messenger.

There are a number of problems with you idea. The first is proof. First you have to prove that they had a duty not to do whatever you allege they did, and then that they in fact did it. Secondly and more importantly, you need to show damages. Embarrassment is not compensable, so unless you can show a financial business loss, you will be unable to recover.

Not every slight has a legal remedy. Sure, this was probably frustrating and embarrassing, but unless you suffered a considerable financial loss, it is not worth it to try to sue BOFA.

I hope this helps.