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15 U.S.C. § 6821 — Privacy protection for customer information of financial institutions

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 6821 — Privacy protection for customer information of financial institutions

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Stable record: federal_law:legal_authorities:record_usc_73e47aa34f4266d03ba71851
Source file: Laws/federal/codes/united-states-code/title-15/section-6821-privacy-protection-for-customer-information-of-financial-institutions--bcc8ae0433.md
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Source location: Title 15, Chapter 94, § 6821; chapter-094-privacy.md

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**(a) Prohibition on obtaining customer information by false pretenses** It shall be a violation of this subchapter for any person to obtain or attempt to obtain, or cause to be disclosed or attempt to cause to be disclosed to any person, customer information of a financial institution relating to another person— (1) by making a false, fictitious, or fraudulent statement or representation to an officer, employee, or agent of a financial institution; (2) by making a false, fictitious, or fraudulent statement or representation to a customer of a financial institution; or (3) by providing any document to an officer, employee, or agent of a financial institution, knowing that the document is forged, counterfeit, lost, or stolen, was fraudulently obtained, or contains a false, fictitious, or fraudulent statement or representation. **(b) Prohibition on solicitation of a person to obtain customer information from financial institution under false pretenses** It shall be a violation of this subchapter to request a person to obtain customer information of a financial institution, knowing that the person will obtain, or attempt to obtain, the information from the institution in any manner described in subsection (a). **(c) Nonapplicability to law enforcement agencies** No provision of this section shall be construed so as to prevent any action by a law enforcement agency, or any officer, employee, or agent of such agency, to obtain customer information of a financial institution in connection with the performance of the official duties of the agency. **(d) Nonapplicability to financial institutions in certain cases** No provision of this section shall be construed so as to prevent any financial institution, or any officer, employee, or agent of a financial institution, from obtaining customer information of such financial institution in the course of— (1) testing the security procedures or systems of such institution for maintaining the confidentiality of customer information; (2) investigating allegations of misconduct or negligence on the part of any officer, employee, or agent of the financial institution; or (3) recovering customer information of the financial institution which was obtained or received by another person in any manner described in subsection (a) or (b). **(e) Nonapplicability to insurance institutions for investigation of insurance fraud** No provision of this section shall be construed so as to prevent any insurance institution, or any officer, employee, or agency of an insurance institution, from obtaining information as part of an insurance investigation into criminal activity, fraud, material misrepresentation, or material nondisclosure that is authorized for such institution under State law, regulation, interpretation, or order. **(f) Nonapplicability to certain types of customer information of financial institutions** No provision of this section shall be construed so as to prevent any person from obtaining customer information of a financial institution that otherwise is available as a public record filed pursuant to the securities laws (as defined in [section 78c(a)(47) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section78c/a/47&num=0&edition=prelim)). **(g) Nonapplicability to collection of child support judgments** No provision of this section shall be construed to prevent any State-licensed private investigator, or any officer, employee, or agent of such private investigator, from obtaining customer information of a financial institution, to the extent reasonably necessary to collect child support from a person adjudged to have been delinquent in his or her obligations by a Federal or State court, and to the extent that such action by a State-licensed private investigator is not unlawful under any other Federal or State law or regulation, and has been authorized by an order or judgment of a court of competent jurisdiction.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 6823 — Criminal penalty

**(a) In general** Whoever knowingly and intentionally violates, or knowingly and intentionally attempts to violate, [section 6821 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6821&num=0&edition=prelim) shall be fined in accordance with title 18 or imprisoned for not more than 5 years, or both. **(b) Enhanced penalty for aggravated cases** Whoever violates, or attempts to violate, [section 6821 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6821&num=0&edition=prelim) while violating another law of the United States or as part of a pattern of any illegal activity involving more than $100,000 in a 12-month period shall be fined twice the amount provided in subsection (b)(3) or (c)(3) (as the case may be) of [section 3571 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3571&num=0&edition=prelim), imprisoned for not more than 10 years, or both.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 6825 — Agency guidance

In furtherance of the objectives of this subchapter, each Federal banking agency (as defined in [section 1813(z) of title 12](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1813/z&num=0&edition=prelim)), the National Credit Union Administration, and the Securities and Exchange Commission or self-regulatory organizations, as appropriate, shall review regulations and guidelines applicable to financial institutions under their respective jurisdictions and shall prescribe such revisions to such regulations and guidelines as may be necessary to ensure that such financial institutions have policies, procedures, and controls in place to prevent the unauthorized disclosure of customer financial information and to deter and detect activities proscribed under [section 6821 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6821&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 6821 — Privacy protection for customer informa-

Page 2297 TITLE 15—COMMERCE AND TRADE § 6821 (D) the disclosure is required, or is a usual, appropriate or acceptable method, in con- nection with— (i) the authorization, settlement, billing, processing, clearing, transferring, recon- ciling, or collection of amounts charged, debited, or otherwise paid using a debit, credit or other payment card, check, or ac- count number, or by other payment means; (ii) the transfer of receivables, accounts or interests therein; or (iii) the audit of debit, credit or other payment information. (8) State insurance authority The term ‘‘State insurance authority’’ means, in the case of any person engaged in providing insurance, the State insurance au- thority of the State in which the person is domiciled. (9) Consumer The term ‘‘consumer’’ means an individual who obtains, from a financial institution, fi- nancial products or services which are to be used primarily for personal, family, or house- hold purposes, and also means the legal rep- resentative of such an individual. (10) Joint agreement The term ‘‘joint agreement’’ means a formal written contract pursuant to which two or more financial institutions jointly offer, en- dorse, or sponsor a financial product or serv- ice, and as may be further defined in the regu- lations prescribed under section 6804 of this title. (11) Customer relationship The term ‘‘time of establishing a customer relationship’’ shall be defined by the regula- tions prescribed under section 6804 of this title, and shall, in the case of a financial insti- tution engaged in extending credit directly to consumers to finance purchases of goods or services, mean the time of establishing the credit relationship with the consumer. (Pub. L. 106–102, title V, § 509, Nov. 12, 1999, 113 S

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