Legal Question in Consumer Law in Alabama

Was My Right To Privacy Violated

We filed bankruptcy and all creditors were notified. We aren't very proud of having to do so, so we kept this information between my husband and myself and our attorney. When Sears was notified they not only cancelled my husband and my own credit cards they also cancelled my mother-in-law's account. My mother-in-law flipped out and called my sister-in-law with the information we had filed bankruptcy and her account was closed and she could'nt charge anymore. Wasn't Sears in violation of our privacy and negligent in whose account they closed? My husband's whole side of the family knows we filed bankruptcy and I am now ashamed to have any contact with them. With all of the privacy notifcations going out shouldn't Sears had been more careful. Do we have a case against them?


Asked on 9/12/03, 3:59 pm

1 Answer from Attorneys
Robert Kreitlein Robert Kreitlein, Attorney at Law

Re: Was My Right To Privacy Violated

Well, first of all, bankruptcy filings-like almost all court filings are a matter of public record. Anyone can go the local courthouse and look up filings. However, we need to dig a little deeper to get the full perspective, I think. Was your husband a co-borrower or listed as an authorized user on your mother-in-law's Sears account? If he was, Sears had a right to close the account. My suspicion is that he must have been listed on her account in some manner. If he was not, your mother-in-law should request, in writing, the reasons behind the cancellation of her account.

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Answered on 9/12/03, 4:11 pm


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