If someone gives out your telephone number as a contact fortheir car loan and it waswithout your consent, can you sue?

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If someone gives out your telephone number as a contact fortheir car loan and it waswithout your consent, can you sue?

It was done by the mother of my husband’s children. We obviously are not related nor friends. Can I sue for giving a contact number for a car loan without my permission? Isn’t this considered to be an invasion of privacy or fraud in obtaining a loan?

Asked on July 9, 2011 under Bankruptcy Law, Ohio

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Telephone numbers are usually public, so the thought of suing for the simple placement as a contact number on any loan is really improbable. If your number is not listed and was not listed at the time of the placement on loan documentation, then you may have an issue. But let's explore that issue. What would be your damages. If this loan does not show up on any credit report, then you really have no damages and again have a high likelihood you will not prevail in court. There is no fraud in obtaining a loan by simply listing your telephone number. If your name was added as a co-signer and your signature was forged, then you are dealing with forgery, fraud and identity theft. In this scenario, you should simply send her a cease and desist letter indicating she is to cease and desist from listing your contact information anywhere. However, if this contact information is also your husband's and it is listed for things like school and medical care, you may wish to limit the cease and desist letter.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am confused.  She gave out your number as what?  A reference?  Why would that be fraud?  And why is it an invasion of privacy?  Is your telephone number unlisted?  And was she giving out your number alone?  Like your cell number?  Or did she give out the number for your husband?  The father of her children?  Yes, you happen to live there but it is not just YOUR number.  Granted it may have not been the best idea to give the name and number of someone who obviously does not care for you very much as a reference for a loan but without more support to an expectation of privacy etc., etc., I would say that she is not guilty of more than bad judgement.


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