Settle a question for me? Is it illegal to have someone's bank info if you don't use it?Someone I know said it was and another person I know said it wasn't... ia am curious now.. I know it's illegal to sell someone else's information or to use it, but just to have it? I know it's a weird question but my coworkers and I were talking about this subject earlier today. | |
Let's say that I write you a check. Voila! You have my bank info. You now know what bank I do business with, what branch (yes, that's part of the coded info on the check), the routing number, and the account number. If it's a pre-printed check (which it most likely is), then you also have my account number name. None of this is illegal for you to have. In fact, I GAVE it to you.
Now, if you try to use that information, especially for fraudulent purposes, THAT is illegal.
The first issue is how she obtained the information. How old is this woman's father. If he is elderly, and she got the information by tricking him, confusing him, or otherwise taking advantage of him, she could be guilty of elder abuse. If she intercepted and read his mail, she could be guilty of tampering with the mail -- a federal offense.
If she is using the information to access his account even if she doesn't take money, she is still using the information -- she is using it to spy on her father. If she has used information such as his account number, routing number and PIN to set up online access to her father's account details (or to obtain a debit card to view his account details at an ATM) without his knowledge and express permission, she is guilty of identity theft and fraud.
I'm sure that some jurisdictions could probably have their own laws, but in most places just having the information doesn't make it a crime. A crime occurs when you USE the information to gain something of value. Think about it this way. I write a check to a store. They now have my check routing number, account #, name, address, and probably even my birthdate and driver's license # if they asked for my ID. The cashier has my information and it's not illegal as long as they don't use it for their own gain.
EDIT: If she is using it to gain access to his account without his permission, even if it's not to take out any money, she could possibly still be charged with a misdemeanor crime, depending on the jurisdiction and if they have a crime for it. It's not of her business, why would she access his account for any reason without his permission?
If you obtained it illegally then yes. Meaning if you broke into a computer system to retrieve it. It is not illegal to have it if it was obtained legally. Even so, it would look suspicious to any cop. If something happened to that persons account, you would be the one they would look at because you had the info.
I do not think it is illegal but it would border on a possibility of Identity theft and possibly theft of the money if the bank did not realize you were the one in car not them
How was that info obtained if it wasn't illegally? Why have that info if you don't intend to use it ?
no unless she uses it without permission
