The appropriate courts in which a customer challenge may be filed should be listed in the notice by the agency seeking access. In the case of judicial subpoenas, venue for the customer challenge is restricted to the court issuing the subpoena. 12 U.S.C. § 3410(a). In the case of an administrative summons or where the customer seeks to enjoin a government authority from obtaining records pursuant to a formal written request, the request may be filed in the appropriate United States district court. Under 28 U.S.C. § 1391(e), the customer may challenge in any one of as many as three districts: (1) where the defendant (the government) resides (usually the District of Columbia); (2) where the cause of action arose (the site of the financial institution); (3) where the plaintiff resides (the residence of the customer).
Updated December 18, 2015