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Azur v. Chase Bank, USA

United States Court of Appeals for the Third Circuit

601 F.3d 212 (2010)

Relevant factsFree

Francis Azur (plaintiff) let his personal assistant, Michele Vanek, use his Chase (defendant) credit card for authorized purchases and gave her responsibility for reviewing his statements. Over seven years, Vanek stole more than $1,000,000 by taking unauthorized cash advances and paying them off from Azur's own checking account. Chase flagged three transactions as potentially fraudulent and left messages that were answered and verified by a woman claiming to be authorized. When Azur discovered the fraud, he sued Chase for negligence and TILA violations, seeking reimbursement; the district court granted Chase summary judgment.

IssueFree

Whether a cardholder is liable under the Truth in Lending Act for another party's credit card use when the cardholder's conduct vested that party with apparent authority to use the card.

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