Is it credit card fraud if I have legal permission to use card
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Is it credit card fraud if I have legal permission to use card
My grand mother has raised me since birth and
has helped me financially all my life she
allowed me to use her discover card over a
year period to make purchases pay bills and
have spending money due to Im on fixed
income. Well my aunt who thinks she controls
everything found out and now has threatened
to have me arrested for credit card fraud can
she legally do this being I had verbal
permission from the card holder my grand
mother
Asked on February 22, 2019 under Criminal Law, Virginia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Legally, it is not credit card fraud or any other crime if you used the card with permission and within the limits of that permission.
Practically, since you have nothing in writing, if your grandmother now denies that you had permission or says that you had permission to only spend $X but you instead spent larger amount $Y (or permission to only use the card for A, B, and C, but you used it for D, E, F, etc.), you may have trouble; without anything in writing, it may be difficult for you to prove the existence and extent of permission.
Or if your grandmother is not mentally competent, then her grant of permission to you would not be valid--an incompetent person cannot grant permission to use their finances.
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