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This is about a CC company..

Discussion in 'Credit, Debt and Collection' started by Sea P, May 3, 2021.

  1. Sea P

    Sea P Law Topic Starter New Member

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    Jurisdiction:
    Tennessee
    .....
     
    Last edited: May 3, 2021
  2. Zigner

    Zigner Well-Known Member

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    I am sure that ALL of the advisors here think it's wrong that you fraudulently applied for a credit card.
     
    justblue likes this.
  3. Sea P

    Sea P Law Topic Starter New Member

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    That I did?!? So it's legal for a store employee to enter your information for a store CC as the customer provides info but when I do it for my husband, who talked me through the whole ordeal, that is somehow illegal? It was 100% by proxy. It was his idea from the beginning. He told me what site to use and what his "pre-certified" number was. I am the one that pays the bills in my household, and, they have NEVER been late. I make Dr. Appointments, organize payments, handle job requests and direct his calls from customers for his business. I don't know what other people do in their marriage but my husband and I are %100 partners, in business and in life. With that said, when my husband is driving to his next job location (electrical engineer) I have, under his request, helped him do whatever he needs me to do. I am basically his secretary.

    Really, in the case someone actually uses their spouse's information without them knowing, that is their own karma. If they can live with a miserable and negative existence, that's on them. I would NEVER do anything without permission from my husband and vice versa.

    The only reason we asked the question, yes, WE, was because we thought it was a bit odd. We have never litigated nor have we ever planned to. Mostly, we wanted to see if it is a common occurrence because it kind of scared us.

    The fact I, literally, typed letters into boxes on a website for someone who wasn't able to type doesn't make what I did, in any way illegal. And if it does, I can provide you with a list of a litny of companies that have done the SAME thing while trying to promote their store's Credit Card...
     
  4. adjusterjack

    adjusterjack Super Moderator

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    Not all. I don't see any fraud here. There was no intent to take the money, not pay it back, or hide the identity of the card holder.

    A mistake was made in the SS number. So what. Easily corrected with a phone call by the cardholder.

    That the website said no but your husband got the card anyway. Not really odd. His credit history or score may have come up with just his name, DOB, and address and he was otherwise qualified.

    Since the card is in your husband's name I doubt the the card company would give you the time of day if you called to correct the SS #. The card holder would have to do it. Or, you could activate the card, if you haven't already done so, and use the site's secure messaging feature to let them know about the error.
     
    Alice Aforethought and zddoodah like this.
  5. zddoodah

    zddoodah Well-Known Member

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    Like, I'm not sure what "this" refers to. Is it ok for a credit card company to decline issuance of a card because of a mistake in the applicant's SSN? Of course it is. Does "this" refer to the text message that you described about the credit card being shipped? Why would that not be "ok"?

    Huh? Identity thieves are no less subject to making mistakes than anyone else.

    And what did you do once you received it?

    Well...I assume it was a mistake for the company to send you the card, but no one committed any legal wrong against you.

    I don't agree in the slightest that what the OP described was fraudulent. If the OP applied for a card in her husband's name, using his SSN (notwithstanding the mistake with the number), and with his knowledge and consent (all of which seemed to be implied in the original post and confirmed in the follow up), there's nothing at all fraudulent about that.
     
  6. adjusterjack

    adjusterjack Super Moderator

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    See, 2 votes - no fraud.
    Anybody else?
     
  7. Sea P

    Sea P Law Topic Starter New Member

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    Ok thank you. We had a thought that the company might have given someone else a card if they didn't have the most important piece of information. Or what we thought was the most important. Our main home PC was used and our address and phone # was used. We got the card and have actually not used it. It still needs to be activated.

    More than anything, we worried about an identity fraud situation being easy for a perpetrator.

    Thank you. You've been awesome.
     
    Last edited: May 3, 2021
  8. Tax Counsel

    Tax Counsel Well-Known Member

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    I too agree that there is nothing stated in the post that indicates fraud. Fraud requires an intent to deprive another person of money or property and the OP has not indicated she does not intend to pay the card. she ought to correct the SSN information, but apart from that I don't see a problem.

    Nor do I see a problem with the CC company sending out the card. While the law prohibits a CC company from sending credit cards to people unsolicited, that is not the case here. The OP did apply for the card, and got the card. The CC hasn't done anything wrong with that.
     
  9. Sea P

    Sea P Law Topic Starter New Member

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    The SSN was corrected by the company. My husband called the day the text was received and asked about the SSN then gave them the proper #. That is how we found out it had been 'auto-corrected' by the company. No issue there, we have found life us much more rewarding when honest. =)
     
  10. Zigner

    Zigner Well-Known Member

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    That's a fair enough point, except when you realize that the OP lied on the application from the get-go. I get it - she was applying on behalf of the husband, but the application she made was made as if she were the husband, not as her acting on behalf of the husband. She committed fraud when she lied on the application by saying she was another person.
     
  11. adjusterjack

    adjusterjack Super Moderator

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    Hey, Zigner, old buddy, I was in an auto accident. My hands are in a cast and I can't type. Do me a favor and enter all of my information so I can apply for this credit card.

    That's fraud????

    smh
     
  12. Zigner

    Zigner Well-Known Member

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    Based on the additional information provided by the OP, I'll step back from "fraud" - the original post that I replied to never stated that she was applying on behalf of her husband, rather, it stated that SHE was applying using her husband's info. That IS fraud. That post is quoted in my response, even though the OP deleted her own post.
     
  13. zddoodah

    zddoodah Well-Known Member

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    Really? Why do you think it's "fraud" for a wife to apply for a credit card on her husband's behalf, and with his knowledge and consent? Is there a statute or case that says this? What does it mean that "the application she made was made as if she were the husband," and how is that different than "her acting on behalf of the husband"? Where in the application process could or should she have disclosed that it wasn't the husband physically making the application, but rather, the wife doing it with the husband's knowledge and consent?

    Huh? Can you provide a screen shot that demonstrates that she expressly lied and said she was another person?

    No, it's not. The original post could reasonably be interpreted as an admission of fraud, but it also could reasonably be interpreted as completely innocent, and it's a bit odd that you assumed the fraudulent intent, without apparently considering that it could have been completely innocent, and jumped to an accusation without making any effort to address the OP's questions.
     
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  14. Tax Counsel

    Tax Counsel Well-Known Member

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    No. Remember, fraud isn't just giving false information, e.g. impersonating some other person here. It is doing that with the intent to defraud. There is no indication here that she and her husband intended to defraud the credit card issuer. All indications so far are that they intend to pay any charges they make to the card. So where is the loss to the issuer and thus the fraud? I'm not seeing it.
     
  15. Zigner

    Zigner Well-Known Member

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    Based on the original post, that information, while possibly inferred, was not actually available. As I said, I stepped back from the original statement.
     

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