Legal Question in Consumer Law in Maryland

Credit card fraud

If a family memeber whom you live with opens and makes purchases on a credit card account in your name, is there nothing the credit card company can do about it? And what should someone do in this situation?

Any advice is appreciated, thanks in advance :)


Asked on 5/28/03, 8:16 am

2 Answers from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Credit card fraud

An application for a credit card that is opened in the name of another person does not

bind that other person to payment unless the other person signed as guarantor or co-signor.

Where an application is opened in the name of another without any consent whatsoever then there is

misrepresentation, at a minimum, which is actionable by the credit card company. The person of whom the credit card

was opened without consent may also have an action against the person opening the account on the basis of damage to credit history.

Consider your options and do not delay in taking action or you may have waived to accept the debt especially where you have actual knowledge and have taken no action to rectify the situation.

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Answered on 5/29/03, 11:21 am
Michael Worsham Michael C. Worsham, Esq.

Re: Credit card fraud

Tell the credit card company right away that the account was opened without your authorization, and dispute the account with all three major credit reporting agencies, assuming the credit account is now appearing on your credit reports.

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Answered on 6/02/03, 12:47 pm


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