Finance
Questions:
A new coup¨¦ dealer told me he requests my social security number and to run a credit check on me even though I be paying cash because of the Patriot Act. Is this true?
Lets face it, family who pay brass for an automobile are few and far between. the first thing the contractor suspects is either launder money or a drug dealer. heaps car dealer have be caught in the middle of selling autos to drug dealer....for drug money.
If the dealer is reputable, move about along with his requests.
He is looking out for his interests as in good health as yours.
I don't think it have anything to do with the Patriot perform, or even needing to run a credit check. Large lolly transactions tend to draw attention from the tax authorities, and at hand are lots of rules about what have to be reported. That's aimed at money laundering and drug dealer, etc. Organized crime. I can think of no root he would need to run a credit check, but he may necessitate to report the transaction and that would likely require an SSA#.
I just bought a used motor with cashiers check, and singular name and address be required. Gave phone number, too, so he can call when title is contained by. He wasn't used to selling in full, usually works on loan/payments.
cash transactions over 5,000 have strange rules, don't think the PAT ACT have anything though
2nd Answer.
If you owned a sports car dealership and a man came within with a briefcase full of dosh to purchase a car, would you not be suspicious? most society would. here is why.....
Many car dealer have become victims of drug dealer, who buy autos for cash. they title the cars surrounded by their sisters, their mothers and their minor cousings names. this is to launder the money and catch the car.
Car dealer have to suffer the lose, once the police are involved. the marketer loses the money and the cars are confiscated as evidence and sold at auction.
A lot of people do not take the legal procedures.
A couple of times of this type transaction, can close a vehicle dealership in a hurry.
THIS is why the merchant wants to check this human being out.
You don't have to grant your Social Security number to ANYONE except the IRS, your employer, and your bank.
The vehicle dealer should thieve a scan of your drivers' license - that is ALL he wants.
The Patriot Act IS indeed BS, but I don't think your situation have anything to do with it. Frankly, I don't know why he would want to do a framework check on a Cash purchase. Why does he need to check your credit if youre not using credit to manufacture the transaction?
Answers:
In some states, motor dealers are required to report brass purchase beyond a certain amount. This is probably why he needed your ss number.
He may also want to run a credit check because he plans to try to vend you some add-ons (maintenance plan, extended warranty, etc...)
No. It is not true. It's also contained by direct violation of Section 7 of the Privacy Act of 1974. Nobody is entitled to your social deposit number unless it is for tax purposes. This is why, on the social warranty card itself, it states that it is not to be used for identification purposes. The reality that many private companies do ask for this does not take home it binding on anyone.
If this dealer is asking because he say it's required by a government agency, which surrounded by reference to the Patriot Act, would be the Department of Homeland Security, after he is required by law to provide what's call a "Privacy Act Disclosure Notice."
The short answer is that you're better off going elsewhere. You can also go and get a taxpayer identification number (TIN), which can be given as an credentials number. This link can describe you a lot more, especially the things that most ancestors in the US don't know going on for the social security number and it's uses:
http://www.mind-trek.com/practicl/tl17b.htm
You may, if you are as touchy by dealer's action as I would be, serve a Constructive Notice on him. Here is a taster one:
CONSTRUCTIVE NOTICE
To: ______________________________ ___________________________
(Person being served)
Of: ______________________________ ___________________________
______________________________ ____________________________
(Name and address of Institution)
You are human being made aware by this Constructive Notice that it is a violation of Federal Law to litter to:
To provide your services to a client or potential client because the client or potential client does not provide a social security details number or a taxpayer identification number.
You instinctively, and the Institution you represent, may be liable for damages and attorney's fees.
In accordance with Section 1 of Pub. L. 93-579, also agreed as the "Privacy Act of 1974," and Title 5 of United States Code Annotated 552 (a), also known as the "Privacy Act," you are anyone informed of the following:
"The right to privacy is a personal and fundamental right protected by the Constitution of the United States. You may maintain within your records solitary such information about an individual as is relevant and obligatory to accomplish a purpose required by statute or by executive order of the President of the United States."
Section 7 of the Privacy Act of 1974 specifically provides that it shall be unlawful for any Federal State or local rule agency to deny to any individual any right, benefit, or privilege provided by law because of such individual's refusal to disclose his social protection account number.
"Right of privacy is a personal right designed to protect folks from unwanted disclosure of personal information..." CNA Financial Corp. v. Local 743 515 F. Supp. 942.
"In enacting Section 7 (Privacy Act of 1974), Congress sought to curtail the expanding use of social deposit numbers by federal and local agencies and, by so doing, to eliminate the threat to individual privacy and confidentiality of information posed by adjectives numerical identifiers." Doyle v. Wilson; 529 F. Supp. 1343.
"It shall be unlawful for any Federal, State or local government agency to deny to any individual any right, benefit, or privilege provided by regulation because of such individual's refusal to disclose his social security number." Doyle v. Wilson; 529 F. Supp. 1343.
An "agency is a relation created by express or implied contract or by canon, whereby one party delegate the transaction of some lawful business beside a more or less discretionary power to another." State Ex Real. Cities Service Gas v. Public Service Commission; 85 S W. 2d 890.
If the Institution you represent is a Bank, you are advise that if such Bank routinely collects information and provides such information to Federal, State or local government agencies, next such bank is an agency of political affairs.
The 1976 amendment to the Social Security Act, codified at 42 U.S.C.A., Sec 301 et seq., 405(c)(2) (i,iii), states that there are lone four instances where social protection account numbers may be demanded. These are:
For import tax matters;
To receive public assistance;
To get hold of and use a driver's license;
To register a motor vehicle.
You are advised that purchasing a motor vehicle does not pertain to any of the above. There is no "need-to-know" on the cog of government.
In accordance near the Privacy Act of 1974, whenever an agency fails to comply next to the law, the jamboree wronged may bring a civil action contained by the district court of the United States against such agency. Should the court determine that the agency acted in a behaviour which was intentional or willful, the agency shall be liable to the wronged deputation in an amount equal to the sum of:
Actual damages sustained, but surrounded by no case smaller number than $1,000; and
The costs of the action together near reasonable attorney's fees.
Constructive Notice issued by:___________________________ _____
Representing:_________________ ______________________________ __
Witness:______________________ __________________
Date:_________________________
By the means of access, as an aside, I would personally be interested within knowing who this car merchant is if you can provide that information.
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