Banks' Release of Client Data
Is Examined by Task Force
By JOSEPH B. CAHILL
Staff Reporter of THE WALL STREET JOURNAL
A task force of state attorneys general is investigating whether some of
the
nation's largest banks violated federal law by providing customer
information to telemarketing companies peddling a range of products.
In a partnership strategy reminiscent of the multistate attack on the tobacco
industry, attorneys general from 20 or more states are scrutinizing the
consumer-lending units of industry giants, including Citigroup Inc., Bank
One Corp., Wells Fargo & Co. and U.S. Bancorp. Regulators are trying
to determine if the banks violated federal laws restricting disclosure
of
confidential customer information or misled customers about bank
information-sharing practices. Most of the largest banks provide customer
information to telemarketing concerns and share in the profits from sales
to
the customers.
If violations are found, the investigation could lead to a nationwide
settlement or coordinated lawsuits against banks in several states. The
task
force, led by the Vermont attorney general's office, is holding regular
teleconferences to plan strategy, review findings and assign responsibility
for investigating individual banks. California, New York and Illinois are
taking lead roles in the investigation, according to people familiar with
the
matter. Other states involved include Florida, Connecticut, Michigan and
Nevada.
The group began its probe in early summer, after the Minnesota attorney
general independently sued U.S. Bancorp, alleging the Minneapolis bank
violated federal privacy laws and fraudulently stated in customer brochures
that it protected confidential customer information, when in fact it shared
that data with outside telemarketing companies.
U.S. Bancorp denied wrongdoing, but agreed in a settlement to curtail
some of its dealings with telemarketers and pay a total of $3 million to
the
state of Minnesota and various charities.
Requests for Information
In recent weeks, the group has sent requests for information to large banks
and held meetings with some, people familiar with the matter said. Julie
Brill, an attorney in the Vermont attorney general's office, confirmed
that
she heads the task force, but would not identify the other states involved
or
the banks being investigated.
A U.S. Bancorp spokesman confirmed that the bank is "in settlement
discussions" with representatives of the task force, but wouldn't discuss
details. He said the bank believes its information-share practices comply
with applicable law.
Wells Fargo, San Francisco, received a letter from the task force last
week seeking information on its telemarketing practices, a spokesman said.
He said the bank plans to cooperate with the investigators and believes
it
has violated no laws.
'Information-Gathering' Session
A Citibank spokeswoman said the New York bank was contacted by the
task force in early August, in the form of a letter from the attorneys
general
of New York, Connecticut and Nevada. She said the bank met with
representatives of the New York attorney general "a couple of weeks ago"
in what she called an "information-gathering" session. Citibank believes
it
has "a good record on the privacy issue," she said.
A spokesman for Bank One, Chicago, declined to comment on whether
the bank has been contacted by investigators.
After investigators have collected and reviewed the information on the
banks' information-sharing practices, the task force will decide if there
are
grounds to pursue claims against any of the banks. The analysis will be
tricky: The federal Fair Credit Reporting Act bars banks from disclosing
certain types of information but allows disclosure of other data.
If the task force concludes that any of the banks under investigation broke
the law, the first step is likely to be an effort to negotiate a halt to
the
offending practices. If negotiations fail, coordinated lawsuits would be
the
next option for the task force. With the probe still in the initial stages,
people familiar with the matter say it is too soon to predict the outcome.
Banks are likely to fight attempts to significantly limit their sharing
of
customer data with marketing partners. As growth has slowed and profit
margins narrowed in traditional lending businesses, banks have turned to
their customer lists as a source of revenue. Most of the largest banks
provide customer data to outside telemarketers in return for a cut of the
fees from selling everything from discount dental plans to auto insurance.
And as banks begin to merge with securities firms and insurance
companies, sharing customer data among affiliates has become a more
important marketing tool.
Growing Privacy Concerns
Banks' efforts to milk their customer lists run headlong into growing privacy
concerns. Consumer advocates chide banks for breaching the trust of
customers who expect financial institutions to guard their privacy.
"People have a perception that their bank is like their psychiatrist or
their
priest. That's the way it used to be, but it's not that way anymore," said
Edmund Mierzwinski of the U.S. Public Interest Research Group, a
consumer-advocacy organization.
The privacy debate found its way into a U.S. House of Representatives bill
aimed at removing the remaining regulatory barriers between banking and
other financial businesses. A provision of the bill would bar banks from
disclosing credit-card account numbers and require banks to allow all
customers to opt out of third-party marketing campaigns.