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Consumer Law Keyed to Pridgen, 5th Ed.
Polzer v. TRW, Inc.
Citation:
256 A.D.2d 248, 682 N.Y.S.2d 194 (1998)Facts
Jeffrey M. Polzer and other plaintiffs became victims of identity theft when an unknown impostor fraudulently obtained their personal credit information and used it to apply for and receive credit cards from Bank of New York (Delaware) and Mobil Oil Credit Corporation. The plaintiffs brought suit against these credit issuers, as well as TRW, Inc., a credit reporting agency, alleging multiple causes of action. These included claims for negligent enablement of impostor fraud, general negligence, intentional and negligent infliction of emotional distress, prima facie tort, and violations of New York General Business Law sections 349 and 703 et seq. The defendants moved for summary judgment, arguing they had no special duty to the plaintiffs and that their conduct complied with federal credit reporting regulations. The plaintiffs failed to demonstrate actual damages, physical injury, or that the defendants’ conduct was deceptive or misleading to them specifically.
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