Question

I wrote a bad check to Winn Dixie.   They put on the front of the store my name and the name of other patrons who they would not accept checks from anymore. I saw my name on the list and sued Winn Dixie for invasion of privacy. Using IRAC. What is the outcome?

Answer 1

A bad check is one which is not cashed by the Bank to which it is issued due to several possible reasons, such as insufficient funds, writing mismatch, stop payment instructions or others.

Whenever, a bad check is written, it has associated legal issues. A bad check can have criminal cases filed against the issuer and in most cases severe punishments and interest rates are charged by law when it is presented before a jury.

In this case, Winn Dixie is well within his right to display the check bounce as this can be proven with facts. Further Dixie can even showcase and tell others that the same has happened because it is factually a correct statement and can be proven and does not add any nuisance value.

In most cases, the business owner has the full right to display bounced cheques in public when an attorney asks for the same. As part of the debt collection process this is used. Some banks as debtors have full liberty to display names of defaulters in newspapers if they so want.

Therefore, a case of privacy would not sustain in law for a criminal liability which arises out of writing a bad check. Writing a bad check in itself attracts criminal liability on part of the issuer and public display of the same cannot be restrained as per any existing law. Thus the outcome would go in favor of Winn Dixie and no privacy violation in this case arises.