ID Theft: Freelon v. Hudson's

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David A. Szwak

ID Theft: Freelon v. Hudson's

Postby David A. Szwak » Tue Nov 01, 2005 6:38 pm

Freelon v. Hudson's, 1984 Westlaw 7903 [Ohio App.] June 8, 1984.

On October 13, 1983, appellants filed a complaint in the Lucas County Common Pleas Court wherein they alleged that in January, 1983, they made application with an unnamed retail establishment for an extension of credit. Appellants further alleged that as a regular business practice, this particular establishment made a credit inquiry with the Credit Bureau of Toledo, a consumer reporting agency. Based upon the information contained in that credit inquiry, the retail establishment denied appellants credit.

Appellants contend that they requested disclosure of the adverse credit information. This information was subsequently supplied to them by the Credit Bureau of Toledo. Appellants then contacted appellee and informed the company that they had never requested an extension of credit from appellee.

Appellee allegedly informed appellants that a response to a credit card solicitation had been received, a credit card issued, and charges made under the name of Lonzell and Gwendolyne Freelon. Appellants stated that on April 5, 1983, their attorney notified appellee that the charge account at issue herein was unauthorized and that any signature authorizing the account was a forgery. Appellants further stated that their attorney requested a copy of the credit application from appellee. Appellants further allege that their attorney was contacted at his residence, by telephone, by one Charles Hill, who allegedly represented the appellee. Mr. Hill allegedly accused appellants' counsel of being, in essence, "a fraud." Appellants' counsel allegedly requested that Hill provide him with a copy of the credit application. Counsel further apprised Hill that Gwendolyne Freelon was appellants' daughter. Appellants' counsel allegedly made further attempts to contact Mr. Hill and secure a copy of the credit application. Appellant Lonzell Freelon's wife, Mary D. Freelon, further alleged to have been adversely affected by the negative credit information allegedly supplied by the appellee, since she has been unable to secure financing necessary for the operation of her nonprofit business. On November 28, 1983, appellee filed its motion to dismiss, or, in the alternative, motion for a definite statement and motion to strike, alleging that appellants' complaint failed to state the type of tort upon which the action was based. In addition, appellee's motion alleged that appellants failed to state any facts in support of the claim which would entitle them to relief.

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