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 Florida, credit card fraud is a serious criminal offense covered under Florida Statutes, specifically Section 817.61. This law makes it illegal to use a stolen or fraudulently obtained credit or debit card to obtain goods, services, or anything else of value. Additionally, it is a crime to use a counterfeit, fictitious, or unlawfully obtained card or card number. The statute also criminalizes the act of knowingly receiving a stolen card, buying or selling a card from or to someone other than the issuer, and merchants providing goods or services with the knowledge that the card is forged, expired, or revoked. Merchants are also prohibited from misrepresenting to the card issuer that they have provided goods or services when they have not, with the intent to defraud. Penalties for credit card fraud in Florida can range from misdemeanor to felony charges, depending on the value of the fraud and the number of times the card was used illegally.