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 North Carolina, credit card fraud is addressed under the state's criminal statutes, specifically in Chapter 14 Article 19B of the North Carolina General Statutes. The law covers various fraudulent activities related to credit and debit cards, including but not limited to: using a stolen or unlawfully obtained card to make purchases, possessing a stolen card with intent to use or sell it, using a fictitious card or card number, and trafficking in stolen cards. Merchants are also subject to penalties if they knowingly accept a fraudulent card or fail to provide goods or services they claim to have provided. Penalties for credit card fraud in North Carolina can range from misdemeanor to felony charges, depending on the severity of the offense and the value of the goods or services obtained. It is important for individuals accused of credit card fraud to consult with an attorney to understand the specific charges and potential defenses available to them under North Carolina law.