410
Venue for Customer Challenge Suits
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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).
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