At least ask your banker not to sell data about you

Staying Ahead

August 09, 1999|By JANE BRYANT QUINN

YOU PROBABLY think that your bank keeps mum about your financial affairs. Think again. It may be selling you down the river, in order to earn some extra money.

Many banks sell your confidential account information to telemarketing firms. Salespeople then call you, flogging discount dental plans, travel clubs and other products.

Monthly payments are deducted automatically from your bank account or charged to your credit card. The bank earns commissions on the sales.

Comptroller of the Currency John D. Hawke Jr. calls some of these practices "seamy, if not downright unfair and deceptive." You can try to get off the sales list (see below), but might not be able to.

When the telephone salespeople call you, what might they know? Plenty. Besides disclosing your name, age, address and phone number, the bank might have divulged your bank account number, Social Security number, checking account balance, credit limit, credit score (showing how creditworthy you are), the number and type of credit cards you carry and what you owe on them.

A case recently brought by Minnesota Attorney General Mike Hatch against Minneapolis-based U.S. Bancorp charged that some customers had their bank accounts and credit cards debited, even though they didn't want the service.

U.S. Bancorp, which has 1,023 affiliated banks and branches, settled the case with no admission of wrongdoing. But it agreed to fines, restitution and charitable contributions of about $3 million -- the approximate amount it had earned on sales commissions.

Theoretically, the Fair Credit Reporting Act (FCRA) limits the way some of your financial records can be used.

FCRA covers credit information, for example, your income, assets and employment history. Under the law, banks have to tell you that they might disclose this information, and give you a chance to take your name off the telemarketing lists. This is called "opting out."

Unfortunately, there's no effective way of enforcing FCRA, says Hawke, whose office regulates 2,400 national banks. The regulators don't know what the banks are doing, and few customers know they can opt out.

What's more, no federal law protects what's called "transaction and experience" information -- namely, the details of your bank and credit-card accounts. They can be disclosed to telemarketers at will, says Amy Friend, assistant chief counsel at the Office of the Comptroller of the Currency. So can your Social Security number. U.S. Bancorp had a deal with a telemarketer called MemberWorks in Stamford, Conn., which, says Hatch, has worked with 17 of the 25 largest banks. Hatch has sued MemberWorks, charging deceptive practices. The company denies the charge.

As part of its settlement, U.S. Bancorp agreed to stop working with outside telemarketers selling nonfinancial products. Wells Fargo and Bank of America announced that they would do the same.

But they can still disclose your confidential account information to telemarketers selling financial products -- insurance and securities, for example.

Chase Manhattan says it's revising its telemarketing policy. Bank One says it gives telemarketers only name, address and phone number.

A financial-restructuring bill in Congress would give you opt-out rights when banks sell your account information to third-party marketers who are peddling nonfinancial products, such as dental plans.

But industry lobbyists and the congressional leadership defeated attempts to give you even better protection. You'll still have no privacy rights, if your bank wants to give your confidential information to affiliated telemarketers or peddlers of financial products. If you don't want your account information disclosed to telemarketers, here's what to try:

Call your bank and get the name of the person in charge of customer relations. Write a letter, saying that you want to exercise your legal right, under FCRA, to keep your credit information from being disclosed.

Also say that you don't want your bank and credit-card account data disclosed to anyone selling financial or nonfinancial products, including the bank's own affiliates. Some banks might agree, although they don't have to. Ask the bank to acknowledge your letter.

Write to the president of the bank, saying that you're shocked to learn that your bank and credit-card account information can be disclosed. The more top officials hear this, the better. Ask specifically whether the bank shares your account information with affiliated or nonaffiliated companies.

A mere privacy statement isn't enough. U.S. Bancorp's privacy statement read, "all personal information you supply to us will be considered confidential," but it sold your data just the same.

Tell your senator and representative that you want an enforceable opt-out right for all telemarketers, including those affiliated with financial institutions. Unless Congress hears from the public, the industry's dollars will rule.

Washington Post Writers Group

Pub Date: 8/09/99

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