COMPLAINT AS FOLLOWS WAS FORWARDED TO SUNTRUST BANK
AND THE IRS OFFICE OF PROFESSIONAL RESPONSIBILITY
The foregoing complaint is also being forwarded to the
Office of Professional Responsibility
On October 11, 2007 I applied for private business
services with Suntrust Bank, PO Box 85024, Richmond,
Using an assigned TIN number xxxxxxxxx, assigned by
the Internal Revenue Service, I applied for a checking
account, JOCELYN SHAW, via the online application
The processing report came back stating that I had a
chexsystems report associated with my TIN number which
is inaccurate as of 10/11/2007.
FCRA AND FACTA PROHITS THE DISCLOSURE OR
LIBELOUS DISCLOSURE OF INACCURATE INFORMATION.
To: AGENT THEREOF
(Person being served)
Of: SUNTRUST BANK
(Name and address of Institution)
You are being made aware by this Constructive Notice
that it is a violation of Federal Law to refuse to:
(a) Open a non-interest-bearing bank account if the
party wanting to open the account does not provide a
social security account number or a taxpayer
identification number; or
(b) To provide your services to a client or potential
client because the client or potential client does not
provide a social security account number or a taxpayer
You personally, and the Institution you represent, may
be liable for damages and attorney's fees.
In accordance with Section 1 of Pub. L. 93-579, also
known as the "Privacy Act of 1974," and Title 5 of
United States Code Annotated 552 (a), also known as
the "Privacy Act," you are being informed of the
"The right to privacy is a personal and fundamental
right protected by the Constitution of the United
States. You may maintain in your records only such
information about an individual as is relevant and
necessary to accomplish a purpose required by statute
or by executive order of the President of the United
Section 7 of the Privacy Act of 1974 specifically
provides that it shall be unlawful for any Federal
State or local government agency to deny to any
individual any right, benefit, or privilege provided
by law because of such individual's refusal to
disclose his social security account number.
"Right of privacy is a personal right designed to
protect persons from unwanted disclosure of personal
information..." CNA Financial Corp. v. Local 743 515
F. Supp. 942.
"In enacting Section 7 (Privacy Act of 1974), Congress
sought to curtail the expanding use of social security
numbers by federal and local agencies and, by so
doing, to eliminate the threat to individual privacy
and confidentiality of information posed by common
numerical identifiers." Doyle v. Wilson; 529 F. Supp.
"It shall be unlawful for any Federal, State or local
government agency to deny to any individual any right,
benefit, or privilege provided by law because of such
individual's refusal to disclose his social security
number." Doyle v. Wilson; 529 F. Supp. 1343.
An "agency is a relation created by express or implied
contract or by law, whereby one party delegates the
transaction of some lawful business with a more or
less discretionary power to another." State Ex Real.
Cities Service Gas v. Public Service Commission; 85 S
W. 2d 890.
If the Institution you represent is a Bank, you are
advised that if such Bank routinely collects
information and provides such information to Federal,
State or local government agencies, then such bank is
an agency of government.
The 1976 amendment to the Social Security Act,
codified at 42 U.S.C.A., Sec 301 et seq., 405(c)(2)
(i,iii), states that there are only four instances
where social security account numbers may be demanded.
For tax matters;
To receive public assistance;
To obtain and use a driver's license;
To register a motor vehicle.
You are advised that a non-interest-bearing account
does not pertain to any of the above. Because the
account pays no interest, there is no "need-to-know"
on the part of government.
In accordance with the Privacy Act of 1974, whenever
an agency fails to comply with the law, the party
wronged may bring a civil action in the district court
of the United States against such agency. Should the
court determine that the agency acted in a manner
which was intentional or willful, the agency shall be
liable to the wronged party in an amount equal to the
Actual damages sustained, but in no case less than
The costs of the action together with reasonable
Constructive Notice issued by: