Creditor Must Prove That Use is Authorized

Identity Theft, Account Takeover, Unauthorized Use, Misuse, Apparent Authority, Authorized Use.
David A. Szwak

Creditor Must Prove That Use is Authorized

Postby David A. Szwak » Mon Oct 17, 2005 7:50 pm

CREDIT ISSUER MUST PROVE USE IS "AUTHORIZED":

The credit issuer has the burden of proving that the particular use of the card was "authorized". 15 U.S.C. 1643(b); Fifth Third Bank/Visa v. Gilbert, 478 N.E.2d 1324 (Ohio App. 1984); Cities Services v. Pailet, 452 So.2d 319 (La. App. 4th Cir. 1984); Michigan Nat. Bank v. Olsen, 723 P.2d 438 (Wash. App. 1986).

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