Credit card fraud (also known as credit card abuse) is a criminal offense in every state and includes a broad range of fraudulent uses of credit or debit cards. Laws vary from state to state, and some states have separate criminal offenses for related crimes, such as the manufacturing of counterfeit credit cards.
Credit card fraud generally includes (1) using a stolen or illegally obtained credit or debit card to obtain goods or services; (2) using a fictitious credit or debit card or account number to obtain goods or services; (3) stealing a credit or debit card or, with knowledge that it has been stolen, receiving a credit or debit card with intent to use it, sell it, or transfer it to a person other than the issuer or the cardholder; (4) buying a credit or debit card from a person the buyer knows is not the issuer of the credit card (a bank); (5) selling a credit or debit card when the seller is not the authorized issuer of the card (a bank); (6) when a merchant—with the intent to defraud the card issuer (bank) or the cardholder—provides goods or services based on the presentation for payment of a credit or debit card the merchant knows is forged, expired, or revoked; or (7) when a merchant—with the intent to defraud the card issuer (bank) or the cardholder—fails to furnish goods or services it represents to the card issuer in writing that it has furnished.
The laws regarding criminal offenses related to credit card fraud are usually located in a state’s statutes—often in the penal or criminal code.
In Alabama, credit card fraud is considered a serious criminal offense and is covered under Title 13A of the Alabama Criminal Code, specifically in Chapter 9 which deals with Forgery and Fraudulent Practices. The state defines various forms of credit card fraud, including but not limited to: using a stolen or unlawfully obtained card, using a fictitious card or card number, stealing or receiving a stolen card with intent to use it, and unauthorized selling or buying of credit cards. Merchants who, with intent to defraud, accept a known forged, expired, or revoked card, or fail to provide goods or services they claim to have provided, are also committing credit card fraud. Penalties for these offenses can range from fines to imprisonment, depending on the severity of the crime and the value of the fraudulent transactions. Alabama law also addresses the manufacturing and possession of counterfeit credit cards, which is a separate offense. It's important for individuals to understand that these laws are strictly enforced in Alabama and that engaging in any form of credit card fraud can lead to significant legal consequences.