NOTICE OF PRIVACY ACT LIMITATIONS ON SOCIAL SECURITY USAGE

This is a private communication between the parties. Notice to agent is notice to principal. Notice to principal is notice to agent. Date of Notice: March 27, 2012 From: Joe Doe PO Box 123 Anytown, Anystate 12345 To: Lou Cypher Account Executive Bank Inc. One Street, 2nd Floor Anytown, Anystate 12345

In the matter of request for social security number to sign up for credit card processing service Lou Cypher, principals, agents and assignees, hereinafter AFFECTED PARTIES, please take notice: The purpose of this document is to give actual express notice of the limitations on mandatory use of the Social Security number, as required by the Privacy Act, Title 5, United States Code Annotated, 552(a). The Privacy Act clearly states: "(a)(1) It shall be unlawful... to deny to any individual any right benefit or privilege provided by law because of such individual's refusal to disclose his Social Security account number." Subsequent to passage of the Privacy Act, courts have ruled: "Right of privacy is a personal right designed to protect persons from unwanted disclosure of personal information..." CNA Financial Corporation v. Local 743, D.C., Ill., 1981, 515 F. Supp. 942, Ill. "[The Privacy Act] ...was enacted for (the) purpose of curtailing the expanding use of social security numbers...and to eliminate the threat to individual privacy and confidentiality of information posed by common numerical identifiers." Doyle v. Wilson, D.C., Del., 1982, 529 G. Dupp. 1343. Courts have consistently ruled that there are only four instances when social security numbers must be used: 1. 2. 3. 4. For tax matters; To receive public assistance; To obtain and use a driver's license; To register a motor vehicle

The Privacy Act goes on to prescribe penalties for any person who unlawfully requires disclosure of a person's Social Security number: "(A) Actual damages sustained by the individual as a result of the refusal or failure, but in no case shall a person entitled to recovery receive less than the sum of $1,000.00; and (B) The costs of the action together with reasonable attorney fees as determined by the court."

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For each day that I am denied services for refusal to disclose a social security number, potential sales are being lost and these would be claimed as part of the of damages sustained , should legal action become necessary in this matter. If the Institution you represent is a Bank, you are advised that if such Bank routinely collects information and provides such information to Federal, State or local government agencies, then such bank is an agency of government: An "agency is a relation created by express or implied contract or by law, whereby one party delegates the transaction of some lawful business with a more or less discretionary power to another." State Ex Real. Cities Service Gas v. Public Service Commission; 85 S W. 2d 890. Essentially, the Privacy Act is stating that anyone who is denied a right or service to which he would otherwise be entitled, for no other reason than that he refused to disclose his Social Security Number, is virtually guaranteed a settlement of at least $1,000.00 plus damages, court costs and attorney's fees. The only limitation placed on this in for lack of knowledge: "Assuming that plaintiff's refusal to disclose his Social Security number was a clearly established right, where defendants could not as reasonable persons have been aware of that right and could not have recognized that anyeffort to compel disclosure of number or to deny plaintiff his refund violated federal law, damages against defendants were barred..." Doyle v. Wilson, D.C., Del., 1982, 529 F. Supp. 1343. It is quite clear that persons charged with violations of this Act must be able to show that they could not have been aware of The Privacy Act and could not have possibly realized that their actions were in violation of federal law in order to escape the $1,000.00 penalty, damages, costs and fees . However, since you have now been given notice of the Privacy Act, you can no longer claim ignorance and may, therefore, be subject to the full penalties prescribed therein.
AFFECTED PARTIES have a duty to respond to this notice and must do so appropriately within three (3) days of receipt. If more time is required for a proper response, please request it in writing.

Executed in X county, State Republic, this March 27, 2012. Witness my hand and seal.

By:____________________________________________ (seal) Joe Doe All Rights Reserved, None Waived

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