Legal Question in Credit and Debt Law in Connecticut
Making purchases with borrowed credit card
I have been doing computer work for my friends and family which involves ordering a number of parts online. I make a list of the parts and instruct my friends and relatives to order the parts using their credit card.
Sometimes the list of parts is extensive and I was recently asked by a friend if he could provide me his credit card information and could I place the order for him. This would make it easier for him and reduce the possibility of errors in the order.
I didn't like the sound of it, and I didn't do it, but I don't know what the legal issues are.
I have heard many stories of parents loaning their children credit cards to make purchases. This situation sounds similar. Is it legal? Can I make a purchase with another persons card if he gives his consent for me to use it?
2 Answers from Attorneys
Re: Making purchases with borrowed credit card
Yes, It's legal to charge on an account if the person authorizes you to do so, But Don't do it. You may be liable for the whole account, no matter if you just charge his purchases for the items that you are dealing with him. Don't take the chance. Unless you have some agreement with him to return the incorrect orders, how do you know that the information is correct or that he has declined the order. You can help him order the items, but don't you sign for them, unless you are willing to accept full resonsibility for the account, including other purchases that he may say he knew nothing about. It is too risky for you to do what you are contemplating. Don't take the chance. He can call in the order in a very short period of time, so why would you take on the resposibility. Tom Noonan
Re: Making purchases with borrowed credit card
I agree with Tom Noonan that it is probably wisest that you NOT do what your friend is asking, but it is possible to do it safely (i.e., w/o incurring personal liability either for the purchase or for the entire account. You should take these precautions BEFORE placing the order(s):
1) Prepare the complete list of parts to be ordered, sorted by the suppliers from whom they are to be ordered.
2) Incorporate this list into a letter, on plain paper, FROM him, TO you. The text of the letter is to be:
"Please order the following parts for me, AS MY AGENT. I authorize you to charge all these purchases, including taxes and shipping/handling charges, to the following credit card:
Type of Card: VISA, MC, DISC, AE
Card No.:
Card Exp. date:
Code No. from back of card:
Full Name Printed on Card:
Full address to which the monthly bill is sent:
I certify that this purchase is for my personal use, and not for resale of either the parts or the equipment of mine into which you will incorporate these parts. I AGAIN CERTIFY that you are making this purchase solely as my agent, and not as a co-owner or authorized user of the above charge account. I understand that the parts will be delivered to you, as my agent, but that I will be entirely responsible for paying the bills for the purchase."
3) He must then SIGN this and deliver the signed copy to you (no fax, no e-mail).
4) Only then do you place the orders. In each case, place the order by Internet. Do not place the order by mail or fax, because you would have to sign your name to something. Do not place the order by phone, because you would have to pretend to be your friend to the friendly person on the other end. When you place the order, you can fill in your friend's information in the PURCHASER fields, then fill in YOUR NAME and Address in the SHIP TO fields. Make certain you fill in those fields in this manner:
My Friend,
c/o My Own Name, Agent
Your Shipping Address
5) When the goods arrive, make certain that you, or whoever signs for them, signs in this fashion:
My Name, Agent for My Friend
6) When you have completed installing the parts into your friend's equipment, and return the equipment to him, include a statement showing the USE OF EACH PART YOU PURCHASED. If it turns out that anything you purchased was not needed or was defective or incorrect, and could or had to be returned for credit, make certain you have written proof of the RMA, send the return FedEx or some other way that generates a delivery confirmation to you, and provide copies of that to him as part of the statement of parts used. Get him to acknowledge receiving it, by signing your file copy and dating his signature.
I firmly believe (but of course cannot guaranty) that if you follow these steps you cannot be held liable for this or any other purchase made on that credit card, nor can he claim that you appropriated for yourself parts purchased for him.