Polzer v. TRW, Inc.
New York Supreme Court, Appellate Division
256 A.D.2d 248, 682 N.Y.S.2d 194 (1998)
- Written by Heather Whittemore, JD
Facts
Jeffrey M. Polzer (plaintiff) was a victim of identity theft. The thief changed the address on Polzer’s bank accounts and obtained credit cards that were sent to the fraudulent address. Bank of New York and Mobil Oil Credit Corporation (collectively, the banks) (defendants) issued credit cards to the thief using Polzer’s identity. Polzer filed a lawsuit in New York state court against the banks, alleging that the banks committed various torts by breaching their duties to Polzer and violated New York’s unfair or deceptive acts or practices statute by issuing credit cards to the thief. The banks filed motions for summary judgment, arguing that they owed no special duties to Polzer and committed no deceptive acts against him. Further, the banks argued that they had qualified immunity against Polzer’s statutory claims under the Fair Credit Reporting Act because they had complied with all rules and regulations imposed by the Federal Trade Commission (FTC). The trial court granted summary judgment for the banks. Polzer appealed.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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