Spouse uses name without knowledge or consent?
Lets say your spouse logs into the computer one night and attempts to sign up for a retail website account to sell stuff online. The system or web host won;t allow him to because he already has another account, or past issue. So instead, he uses his wife’s information to "innocently" enter her name, address and her CC to open the account. She has no knowledge of this at all.
He then uses the retail site to sell items. He really did not intend to do his spouse harm, he was just did it to get around the issue of not being able to originally sign up. Later, there turns out to be some legal issue with his "retail business" and you discover he had this internet retail account in your name.
What charges might he face, if any? Would I be liable for his actions, as I had no idea he used my name, but at the same time, I don’t think he willfully set out to steal my identity, or cause me harm.
I’m curious as to was laws, if any this might involve?
This is an essay I’m working on and a scenario outlined by my professor. It seems this sort of thing happens all the time and is common. He described it as not some cyber identity theft ring, but a spouse feeling they have a right to use the SO name. He asked us to describe what, if any legal issues that might arrise from such a scenario.
if the "legal issues" with the site were of a civil nature any violations stemming from the unlawful use of the spouses name would also be civil in nature.
were they criminal law violation then it may be possible to file additional criminal charges, but unlikely as it would most likely be a much more minor violation than the case that originated the discovery. not so much a lesser included offense, but something that would be not worth the court’s time.
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