SSN Policy Manual

Policy Manual

Serving Constructive Notice The Constructive Notice serves to advise the financial institution that you are aware of your rights and that you are preparing to assert them. The notice also advises the financial institution that an alternative does exist. CONSTRUCTIVE NOTICE To: (Penon bairg served) Windy Seaman Dale: I 9/24/99 -- Of (Name ard address of InstMon) Bank of America 85 Camel Valley Road Canel Valley, CA 93923

This inslnunmt servesnotice to the p r m n andor business,agency, corporalion or other entity that the below named Citizen does not have andlor n f u x s to disclosea social secuuity number. This Right is protected under the First, Fourth, FiNl, Ninth, and Tenth amendmenls to United Slates Constitution and provisions of the Privacy Acl. llle Privacy Act makes it unlawf I to requi~c an individual to disclose 01. fulnish a social security n u m k r for any plupse, u~~letshse ctisclosu~cor furnishing ofthe number is specifically r e q u i ~ dhy law. rile f i r a l courts have ruled that private sector solicitors may not obtain social security numbers until they compoa their solicitations to comply with disclosure req~dremenhi f the Privacy AcL including informing clustomersof the voluniaq nat~urof such disclosure, the source orauthorit) for requesting such disclosure, and possible uses to which disclosed numbers might k put. Yeagcr r. Huckensack Worer Co., 615 F.Supp. 1087 (1 985). Any person who is found violating the rights ofa Citizen may br: stih,ject to the damages sustained by the individual and the cosLs of the action together with attorney Sees. See Doyle v. Wilsora, 529 F.Supp. 1343 (1982). Violation of 18 lJSC SS241.242; 42 USC 551983, 1985 1986 shall subject you personally and may also subject you to fines of up to $10,000.00, and imprisonment for up Lo ten years, or both. 1:edenl regulations provide you an altelnative. 26 CYR $831.6011.301.6109 llnd 31 CFR 58103.28, 103.34, 103.35, employers. banks and payers art required to ask for ihe social secwity number, but they shall not be in violation of this requirrmenl if they have made a reasonable elhrt to secure such identification and are unahle to secure Il~einforn~alion. Your policy must comply with the law and cannot violate the law or the Rights of Citizens. Compliance with the Law and this Citizen's intent, as expressly cvidc~~ccadnd implied by this document, is demanded Noncompliance with this Notice and Demand shall result in the filing of a formal conlplaint with the nnorooriate State nnd federal neencies against the above named and/or renresentntive(sL 3 . . " - \ , Conrlrua~s Nolte brued by Mary Coppersmith xq