Unauthorized Use: Some Case Examples

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

Unauthorized Use: Some Case Examples

Postby David A. Szwak » Mon Oct 17, 2005 8:14 pm

NO AGENCY, CONSENT OR RATIFICATION BY CARDHOLDER:

Credit card use by cardholder's estranged wife was not authorized where there was no proof that she was cardholder's agent or that cardholder ratified her conduct. 15 U.S.C. 1643; Society Nat. Bank v. Kienzle, 463 N.E.2d 1261, 11 Ohio App.3d 178 (Ohio App. 1983).

Unemancipated daughter's use of cardholder's credit card was unauthorized where there was no consent or authorization by cardholder. Fifth Third Bank/Visa v. Gilbert, 478 N.E.2d 1324, 17 Ohio Misc.2d 14 (1984).

Cardholder was not liable for purchases by his girlfriend on his account where there was no evidence he authorized her use of his account or card. Elder-Beerman v. Nagucki, 561 N.E.2d 553 (Ohio App. 1988).

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