Ex-Spouse ID Theft:Creditor Libels Victim

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

Ex-Spouse ID Theft:Creditor Libels Victim

Postby David A. Szwak » Tue Nov 01, 2005 5:25 am

A credit card issuer's disclosure to a third party of information concerning a credit card or cards issued by it was held to constitute actionable libel in the following cases. In action against bank after bank reported to credit reporting agency that plaintiff was delinquent in her VISA account when ex-husband had signed her name to application for account and, in fact, she had no account with bank, court concluded that report was not libelous per se and, absent showing of special damages, plaintiff could not recover damages from bank. Plaintiff failed to make showing of special damages where she admitted that she had not been denied credit and had in fact received credit since reports were issued. Invasion-of-privacy claim failed where no showing was made that bank had acted in bad faith. Smith v. First Nat. Bank [1988, 11th Cir] [Ga.] 837 F.2d 1575, 10 F.R .Serv.3d 749, cert. den. [U.S.] 102 L Ed.2d 41, 1988 LEXIS 3852, 109 S.Ct. 64, 57 USLW 3230 [presumably applying Ga law].

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