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Creditor Must Prove That Use is Authorized

Posted: Mon Oct 17, 2005 7:50 pm
by David A. Szwak
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).