A bank stole my personal information and opened twp accounts on my behalf. Did the bank commit fraud? Considered identity theft?
Fremont, CA
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Posted 4 months ago in Identity Theft
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A well known bank in the SF Bay Area stole my personal information from my equity line to open a checking and savings account with out my knowledge. I then went to the branch that opened the account without my permission to speak with the branch manager and he was not there. I spoke to the teller who opened the accounts and she told me that the manager was transferred to another state. I asked her why she opened the accounts with out my permission and she said that she was ordered to by the branch manager. A bank stole my personal information and opened twp accounts on my behalf. Did the bank commit fraud? Considered identity theft?
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Answers (3)Pamela Koslyn
This attorney is licensed in California.
Posted 4 months ago.
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Sometimes banks require, as a condition of opening one kind of account, that you also have a checking and savings account. Comerica, for example, requires this for their money market accounts. I don't know why they require this, and I know they can't prevent you from closing these savings and checking accounts after you're forced to open them, but it's not "stealing" or misusing your identity because the bank's allowed to use your information for this purpose. (It is probably a misuse of authority and privilege given to the banking industry by our generous congress paid for by consumers, but that's another story.)
Is it possible that you did sign off on these two accounts and didn't realize or don't remember doing it when you opened your credit line? Or perhaps if your bank was recently bought by another band, those rules wee applied to your existing account. One thing that's missing from your query is any damage. Was there money in these two acounts, and was it your money from your equity line? Obviously if the bank put some money in these accounts, you've benefited, not been damaged,by this. And if it was your money from your equity line or some other source, you need to check to see if you did in fact authorize this. Based on these facts, it's not clear the bank did anything wrong, except perhaps not communicating in a better way about their requirements and their source of authority for them -- at least not more wrong than what the law allows them to do. Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
Jonathan H Levy
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