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 Illinois, credit card fraud is a serious criminal offense covered under the Illinois Criminal Code (720 ILCS 5/). The state defines and penalizes various forms of credit card fraud, including but not limited to the unauthorized use of a credit or debit card, possession of a stolen card, and the use of counterfeit or altered cards. The offenses encompass using a stolen or illegally obtained card to acquire goods or services, using a fictitious card or account number, and the buying or selling of credit or debit cards when the parties involved are not the authorized issuers. Merchants are also subject to fraud charges if they, with intent to defraud, accept a known forged, expired, or revoked card, or if they fail to provide goods or services they have represented as furnished to the card issuer. Penalties for credit card fraud in Illinois can range from misdemeanors to felonies, depending on the severity and circumstances of the offense, and can result in fines, restitution, and imprisonment.