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Jun 18, 2013

GEORGIA DOES NOT RECOGNIZE A PRIVATE RIGHT OF ACTION TO ENFORCE PRIVACY OBLIGATIONS IN FEDERAL LAW

The Gramm-Leach-Bliley Act, which regulates financial institutions, includes a provision that provides that it is “the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers’ nonpublic personal information.”  In Wells Fargo Bank, N.A. v. Jenkins, Case No. S12G1110 (decided June 17, 2013), the Georgia Supreme Court held that a bank customer could not rely upon that statutory statement of policy to create a private right of action under Georgia tort law for an alleged breach of a duty… Read more