united-states california tax-law evidence negligence
H&amp;R Block gave me someone else&#39;s personal info by mistake. What do I do?
<p>I needed to amend my 2013 tax return so I went to H&amp;R Block, my first mistake. A few weeks later I went back to the H&amp;R block office to pick up my amended return and other supporting documents. It seems like all my information is present and correct but I haven't verified this. However, I noticed a 1099 form that looked unfamiliar. Upon closer inspection, it was the 1099 of a different H&amp;R Block customer that included the person's name, address, social security number, and other tax related info. I looked up the person's full name on Facebook and based on the info in his profile I'm 99% certain I found the right guy. So far I have escalated the issue with H&amp;R Block but it will take 7-10 business days for them to email me back. I can't go back to the physical location since it's closed for over a week. I'm keeping the form safe in my apartment for now. I live in San Francisco, CA.</p>

<ul>
<li><p>Since I'm now in possession of this person's personal info do I have to take any special action to avoid any legal trouble?</p></li>
<li><p>Does this person have grounds to sue H&amp;R Block since they compromised his info?</p></li>
<li><p>Is reaching out to this guy on Facebook so we can talk in-person the right thing to do? If he wants to sue H&amp;R Block I want to help him do that. I could ask him for his address to verify that it's actually him.</p></li>
<li><p>Should I shred this person's 1099 form immediately or hold on to it incase he wants to sue H&amp;R Block?</p></li>
<li><p>Do I have grounds to sue H&amp;R Block? For all I know our info was swapped and this guy now has my 1099 form.</p></li>
<li><p>Am I legally allowed to take photographs of this person's 1099 form as proof that H&amp;R Block put it in my possession?</p></li>
</ul>

<p>First of all, the USA's legal system is not here to be referee to every single little "gotcha" mistake, and every little mistake doesn't mean a payday for someone.</p>

<p>The employee at the tax preparer screwed up.  They mixed up your folder with the other guy's folder.  It was an honest mistake, which is another way of saying "nobody stands to gain from this."</p>

<p>The best LEGAL action you can take is to either destroy the copy in your possession, or mail it back to the tax preparer, and call it a good day, done well.</p>

<p>The law of torts exists to adjudicate sincere and structural divergences of interests, not to fix silly mistakes.  </p>

<p>As a point of law, what was the damage of this "event?"  Some random person (you) saw a 1099 belonging to someone else.  In good faith, you attempt to find and reinstate the rightful owner with their document.  All good.  </p>

<p>As it is, you have zero "standing" in a case of inadvertent clerical error between two other parties.</p>
