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UNITED STATES v. PUNTORIERI

July 31, 1974

UNITED STATES OF AMERICA and FRANCIS T. BRADY, Special Agent of the Internal Revenue Service, Petitioners,
v.
E. J. PUNTORIERI, Assistant Manager, First National City Bank and FIRST NATIONAL CITY BANK, Respondents


Platt, J.


The opinion of the court was delivered by: PLATT

Memorandum of Decision

PLATT, J.

 On November 9, 1973 the Internal Revenue Service issued and served a summons on the respondents directing them to appear on November 27, 1973 at 10:00 a.m. at 120 Church Street, New York, New York, to testify and produce for examination "all accounts maintained by or for Manuel (Manny, Emanuel) Lo Porto and/or Mary Lo Porto:

 
"1. Signature Cards.
 
"2. Transcript of accounts.
 
"3. Deposit and withdrawal slips.
 
"4. Copies of checks deposited.
 
"5. Copies of checks issued for withdrawals.
 
"6. Loan application and financial statements.
 
"7. Copies of checks issued for loans."

 On November 27, 1973, the respondents did not appear in response to the summons.

 Although the respondents since have produced some of the books, records and other information sought by the Internal Revenue Service, they have failed to comply fully with the summons by producing all the books, records and other documents demanded. Their refusal to comply with the summons is based upon their belief that production of additional material sought by the summons is legally improper under the provisions of the Federal Fair Credit Reporting Act, 15 U.S.C.A., Sections 1681, et seq.

 Accordingly, the Government has moved for an order directing the respondents to show cause why they should not be compelled to obey the summons, arguing that the Federal Fair Credit Reporting Act (15 U.S.C., Sections 1681, et seq.) is wholly inapplicable to the summons herein.

 The Federal Fair Credit Reporting Act defines a "consumer reporting agency" as any person which for fees or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility or interstate commerce for the purpose of preparing or furnishing consumer reports. The Act defines a "consumer report" as any written, oral or other communication of any information by a consumer reporting agency bearing on a consumer's credit worthiness, credit standing, credit capacity, or mode ...


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