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Can we charge a research/reproduction fee for our efforts in responding to a large subpoena document request? – IBA Compliance Connection

Can we charge a research/reproduction fee for our efforts in responding to a large subpoena document request?

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The Illinois Banking Act’s privacy provisions allow for reimbursement of your costs, with some limitations:

(g) A bank shall be reimbursed for costs that are reasonably necessary and that have been directly incurred in searching for, reproducing, or transporting books, papers, records, or other data of a customer required or requested to be produced pursuant to a lawful subpoena, summons, warrant, citation to discover assets, or court order. The Commissioner shall determine the rates and conditions under which payment may be made.

205 ILCS 5/48.1 (emphasis in bold added).

The rules provide more detail on the limitations and conditions on reimbursement. They state that the costs include, but are not limited to, “personnel costs, reproduction costs and transportation costs.” 38 Ill. Adm. Code 356.10. Specific rates of reimbursement for personnel costs ($20/hour), reproduction costs (30 cents per exposure), transportation costs (31.5 cents per mile), and all other costs can be found in 38 Ill. Adm. Code 356.20. The rules also require that banks provide itemized invoices of costs on request. 38 Ill. Adm. Code 356.30.