Legal Question in Credit and Debt Law in Virginia
Credit Card Debt not Authorized by Spouse but being billed
If a husband has applied for CREDIT CARDS in a Joint Account with his wife name(via the Internet), but the wife never approved or signed any documents authorizing the CREDIT CARDS to be included in her name, IS THE WIFE LIABILE if the husband cannot pay?
1 Answer from Attorneys
Re: Credit Card Debt not Authorized by Spouse but being billed
Here's what the Code of Virginia says:
� 11-31. Cardholder not liable in absence of request for, consent to issuance of or use of card. � A cardholder, who receives a credit card from an issuer, which such cardholder has not requested nor consented in writing to the issuance of such credit card, nor used the credit card, shall not be liable for any amount owing because of a use of the credit card. The failure to destroy or return an unsolicited credit card shall not be evidence of such request or consent nor shall it constitute negligence on the part of the cardholder. Use by an authorized agent of the cardholder shall be the equivalent of use by the cardholder. The burden of proving the authority of an agent shall be upon the issuer. (1970, c. 324.)
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(Note further that sending an invoice for goods or services not requested or demanding payments that cannot legally be demanded is a separate violation of the Virginia Consumer Protection Act Code of Va. � 59.1-200.)