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 Georgia, credit card fraud is considered a serious criminal offense and is covered under the Georgia Code Title 16 - Crimes and Offenses, specifically in Chapter 9 which deals with forgery and fraudulent practices. The state's laws encompass a range of fraudulent activities involving credit or debit cards, such as using stolen or illegally obtained cards, using fictitious card information, and the possession, buying, or selling of credit or debit cards when not authorized to do so. Merchants who, with intent to defraud, accept or claim to have furnished goods or services on the basis of a forged, expired, or revoked card are also committing credit card fraud. Penalties for credit card fraud in Georgia can include fines, restitution, and imprisonment, depending on the severity of the offense and the value of the fraudulent transactions. Additionally, Georgia law also addresses the manufacturing and possession of counterfeit credit cards, which is a related but separate offense.