6.2-425 - (Effective October 1, 2010) Cardholder not liable in absence of request for, consent to issuance of, or use of card.
§ 6.2-425. (Effective October 1, 2010) Cardholder not liable in absence ofrequest for, consent to issuance of, or use of card.
A. A cardholder who receives a credit card from an issuer, which card thecardholder has not requested nor consented to the issuance of in writing, norused, shall not be liable for any amount owing because of a use of the creditcard.
B. The failure to destroy or return an unsolicited credit card shall neither:
1. Be evidence of a cardholder's request for or consent to the issuance ofthe credit card, nor
2. Constitute negligence on the part of the cardholder.
C. Use by an authorized agent of the cardholder shall be the equivalent ofuse by the cardholder. The burden of proving the authority of an agent shallbe upon the issuer.
(1970, c. 324, § 11-31; 2010, c. 794.)