Sample Letters and Forms
Second Response - Compliance with Law
Dear :
Thank you for responding to my request to clarify your reason for declining my account application.
However, it is important to remind you.and that there is no law requiring a person to obtain a social security number and that the Privacy Act provides that it shall be unlawfbl to deny to any person any right, benefit or privilege because of an individual's refusal to disclose a social security number (Section 7, Pub. Law 93-579,5 USC 552a, 31 USC 1.32). You should h o w that several court decisions have applied this law to the private sector as well as government agencies. Since it is my intent to assert my rights in this matter, 1encourage you and to either reconsider your position in my case. As you well know, federal regulation (3 1 USC 103.34) requires that you ask me for a social security number. However, the law does not require a person to provide that number as you incorrectly assert. You should be aware that it is a felony to attempt to make people do certain things under the "color of law." 1 certainly hope this was simply an oversight on your part and not an attempt to intimidateme into giving you something that 1do not have and am clearly not required to provide. You should also know that the regulation provides that you shull not be in violation of this section ifyou made a reasonable eflort to secure the sociul securig nzintber. Certainly you have complied with the law and have made a reasonable effort to secure a social security number (which I do not have). Please find enclosed my signed statement (Reasonable Cause AfJidavit by Payor) showing that you did request a social security number and that I declined to provide such number. This statement proves your reasonable effort and fiees you from any 1RS penalties due to neglect. You are also being advised, by way of the attached Violation Warning, Constructive Notice and my Citizen 's Assertion ofLega1Right to withhold disclosure of SSN, of my legal rights and my intent to assert these rights in court if necessary. 1 hope that you will reconsider your position and 1 remain hopeful that we can reach a mutually beneficial arrangement.
Best regards,