Social Security Privacy Act 1,000.00$ fine

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Wizlawz
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Social Security Privacy Act 1,000.00$ fine

Post by Wizlawz » Tue Apr 07, 2015 2:13 am

ok so i have given a couple of these out, how do i go about collecting the fine?

phone calls to the agencies do nothing, it is laughed at, and they claim "laws change all the time" and that "this is not enforced".

i need to know the procedure.
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editor
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Re: Social Security Privacy Act 1,000.00$ fine

Post by editor » Tue Apr 07, 2015 6:43 am

The $1,000 fine is a civil penalty, not a criminal one. That means to collect it you'll have to sue.

Keep in mind that the court will not find fault in any case in which the respondent was not given ample prior notice. Such notice might include handing a clerk formal notice, and advising him to give it to his principal, giving the principal time to seek legal council. While it's true that notice to agent is notice to principal, it is not instant notice to principal.

For any instance in which I have used the Privacy Act Notice, the person I've served it on has always backed down. So I've never had an opportunity to sue. This satisfied me anyway, since what I wanted was not to sue, but simply to not disclose a Social Security Number.

The only exception that I know of, in recent years, would be banks. It would not surprise me to learn banking laws in the U.S. have indeed changed, and banks will no longer carry accounts without a tax id number. I don't know this for a fact, as it has been some years since my research into the matter.
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Wizlawz
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Re: Social Security Privacy Act 1,000.00$ fine

Post by Wizlawz » Tue Apr 07, 2015 2:46 pm

yes it was a bank that was paying me a work comp settlement, they said they didn't have to pay if i refused to give ss number
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Re: Social Security Privacy Act 1,000.00$ fine

Post by editor » Wed Apr 08, 2015 7:29 am

If you read the justifiable exceptions printed in the Privacy Act Notice itself, number one is, "For tax matters." Workman's comp is tied right in with this system and so the bank, in my opinion, was probably correct in this instance.
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Wizlawz
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Re: Social Security Privacy Act 1,000.00$ fine

Post by Wizlawz » Wed Apr 08, 2015 5:13 pm

even though it's tax free, but i suppose because it was 10k$

ok thx
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