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    grr82bntx's Avatar
    grr82bntx Posts: 14, Reputation: 2
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    #1

    Nov 1, 2007, 04:59 AM
    Privacy Act Violation recourse
    Please advise, what can I do?

    On 30 October 2007, at approximately 1800 when I returned to my apartment from work, I noticed a clear plastic bag hanging from the door knob of my apartment door. Contained in the clear plastic bag were white papers that had my apartment number written on them in plain view. Upon closer examination, the papers turned out to be copies of the Rental Application and a letter from the apartment management. The Rental Application contained my personal information which included my full name, social security number, address, Driver’s License Number, bank information, etc. The application contained in the plastic bag has been altered from the copy that was provided to me on 6 October 2007. There was additional information written on the application that was not on my copy.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Nov 1, 2007, 05:20 AM
    Hello g:

    Go yell at your landlord. Tell them not to do that again. What they did was violate your privacy. What They DIDN'T do, was violate the privacy Act or any other law.

    excon
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    Nov 1, 2007, 06:34 AM
    What excon said is true. In addition I would also keep an eye on my credit report for awhile in case someone took down your personal info.
    Cvillecpm's Avatar
    Cvillecpm Posts: 553, Reputation: 28
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    #4

    Nov 1, 2007, 12:42 PM
    Guys - many states REQUIRE that landlords post notices for non-payment of rent or non-compliance OPEN FACE on tenant's doors and that information, by court rules, must have identifying information LIKE their full names AND DL or SS#...

    Put fraud protection on your credit cards, etc. and REALIZE that these things are going to happen. I can't tell you how many times I've found third class mail in UNSECURED mail boxes with past tenant information because when they moved, they did not request third class mail be forwarded... This was a stupid mistake that should be brought to landlord/mgr's attention in a CALM, POLITE way... save the DRAMA for your MOMMA!!
    grr82bntx's Avatar
    grr82bntx Posts: 14, Reputation: 2
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    #5

    Nov 1, 2007, 06:56 PM
    Quote Originally Posted by excon
    Hello g:

    Go yell at your landlord. Tell them not to do that again. What they did was violate your privacy. What They DIDN'T do, was violate the privacy Act or any other law.

    excon
    Thanks so much for the reply. I am flabbergasted that the posting of sensitive information is not a voilation of some act or law. Basically, any one who so wanted, had enough of my personal information to open credit card accounts, etc.
    grr82bntx's Avatar
    grr82bntx Posts: 14, Reputation: 2
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    #6

    Nov 1, 2007, 06:58 PM
    Quote Originally Posted by ScottGem
    What excon said is true. In addition I would also keep an eye on my credit report for awhile in case someone took down your personal info.
    As a military retiree, who already had a possible sensitive information compromised by a VA employee, I have my credit monitored but I will take extra measures to ensure it is done more often Thanks for the advice and reply!
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #7

    Nov 1, 2007, 07:03 PM
    Yes, the VA did violate VA rules and policy, And government has rules regaqrding their agencies. But again, social security numbers are put on all medicare paper work nromally, some on post cards mailed openly

    Other info is easy to get by paying a few bucks on line.
    grr82bntx's Avatar
    grr82bntx Posts: 14, Reputation: 2
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    #8

    Nov 1, 2007, 07:11 PM
    Quote Originally Posted by Cvillecpm
    Guys - many states REQUIRE that landlords post notices for non-payment of rent or non-compliance OPEN FACE on tenant's doors and that information, by court rules, must have identifying information LIKE their full names AND DL or SS#....

    Put fraud protection on your credit cards, etc. and REALIZE that these things are going to happen. I can't tell you how many times I've found third class mail in UNSECURED mail boxes with past tenant information because when they moved, they did not request third class mail be forwarded....This was a stupid mistake that should be brought to landlord/mgr's attention in a CALM, POLITE way....save the DRAMA for your MOMMA!!!

    I find that totally unacceptable with all the cases of identity theft that anyone can openly post your SS# and other sensitve information. In my particular case, there is no deliquent rent or infractions of the lease. The letter in the clear plastic bag was in response to a complaint I filed with the BBB because apartment management made contractual errors and refused to address them with me. Luckily, I have the benefit of lawyers from the local military post. I filed a complaint with Consumer Affairs and will attempt to pursue it through the local apartment association.

    Thanks so much for the reply! I will keep you posted on the events... whether in my favor or otherwise.
    Cvillecpm's Avatar
    Cvillecpm Posts: 553, Reputation: 28
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    #9

    Nov 2, 2007, 03:03 PM
    I place tenants' SS# on my pay or quit notices AND on the warrant in debt for unlawful detainer... that way, when judgement is granted against the resident/defendant it is EASIER for the credit bureau to note it against the CORRECT person.

    It is a common misconception that there is a RIGHT TO PRIVACY!! I as a holder of personal credit information on current/past tenants have the responsibility to safeguard it BUT NOT to NOT ask for credit information in the course of doing my business - that's A STUPID suggestion.

    BBB is worthless and if the apt mgmt is a MEMBER NOTHING will be done on your complaint since they have paid membership(extortion). Lastly, military legal advice on civil matters are worthless... they don't know state or local statutes and rarely research them correctly. You are trying to apply a FEDERAL BANKING rule/regulation against a NON-BANK real estate owner... apples and oranges.
    grr82bntx's Avatar
    grr82bntx Posts: 14, Reputation: 2
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    #10

    Nov 4, 2007, 07:05 AM
    Quote Originally Posted by Cvillecpm
    I place tenants' SS# on my pay or quit notices AND on the warrent in debt for unlawful detainer.....that way, when judgement is granted against the resident/defendant it is EASIER for the credit bureau to note it against the CORRECT person.

    It is a common misconception that there is a RIGHT TO PRIVACY!!! I as a holder of personal credit information on current/past tenants have the responsibility to safeguard it BUT NOT to NOT ask for credit information in the course of doing my business - that's A STUPID suggestion.

    BBB is worthless and if the apt mgmt is a MEMBER NOTHING will be done on your complaint since they have paid membership(extortion). Lastly, military legal advice on civil matters are worthless...they don't know state or local statutes and rarely research them correctly. You are trying to apply a FEDERAL BANKING rule/regulation against a NON-BANK real estate owner....apples and oranges.

    I don't have a problem with them putting my sensitive personal information on necessary documents that they safeguard; I do however have a problem with them posting it on my door for everyone to see. Please tell me that they are not allowed to post my SSN and DL information on my door! Anyone in the complex, passing through the complex, delivering packages, visiting friends, etc could have gotten more than enough information for Identify Theft.
    grr82bntx's Avatar
    grr82bntx Posts: 14, Reputation: 2
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    #11

    Nov 4, 2007, 08:06 AM
    Quote Originally Posted by grr82bntx
    Please advise, what can I do?

    On 30 October 2007, at approximately 1800 when I returned to my apartment from work, I noticed a clear plastic bag hanging from the door knob of my apartment door. Contained in the clear plastic bag were white papers that had my apartment number written on them in plain view. Upon closer examination, the papers turned out to be copies of the Rental Application and a letter from the apartment management. The Rental Application contained my personal information which included my full name, social security number, address, Driver’s License Number, bank information, etc. The application contained in the plastic bag has been altered from the copy that was provided to me on 6 October 2007. There was additional information written on the application that was not on my copy.

    Luckily, Texas doesn't take to well to those who intentionally make public (by posting, display, etc) your personnel information. The Model State Clean Credit and Identity Theft Protection Act provides some great information which is providing additional information.

    It wasn't that I objected to providing the information; it was that the apartment knowingly posted sensitive personal information on my door which anyone could have accessed.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #12

    Nov 4, 2007, 09:32 AM
    Hello again, g:

    I don't disagree with you. However, you're looking to the cops or some agency to do your work for you. I don't think you're going to find any.

    What I would do, is write this company a letter. I would tell them, in no uncertain terms, that if they continue in this reckless behavior which could cause your identity to be stolen, you will be the next owner of the apartment building. Send you letter certified, and copy your local TV station and your local newspapers.

    I can intimidate people and make them feel really stupid and legally vulnerable after they've read one of MY letters. I hope you can do something like that.

    excon
    grr82bntx's Avatar
    grr82bntx Posts: 14, Reputation: 2
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    #13

    Nov 4, 2007, 03:55 PM
    Quote Originally Posted by excon
    Hello again, g:

    I don't disagree with you. However, you're looking to the cops or some agency to do your work for you. I don't think you're going to find any.

    What I would do, is write this company a letter. I would tell them, in no uncertain terms, that if they continue in this reckless behavior which could cause your identity to be stolen, you will be the next owner of the apartment building. Send you letter certified, and copy your local TV station and your local newspapers.

    I can intimidate people and make them feel really stupid and legally vulnerable after they've read one of MY letters. I hope you can do something like that.

    excon
    Already sent the Letter of Demand to the apartment manager, tracked down the owners from bcad.org, a letter to KENS5, Consumer Affairs, and about to send a email to the Attorney General.

    I think I made my point on all correspondence, quoted and provided references such as the BUSINESS & COMMERCE CODE CHAPTER 48. UNAUTHORIZED USE OF IDENTIFYING INFORMATION, business responsibility to consumers, etc.

    Recently San Antonio has had a rash of news stories on businesses that have thrown out SSN's, DL#, etc... so I think the public has had their fill of it.

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