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 Pennsylvania, credit card fraud is a serious criminal offense covered under Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes. The state defines and penalizes various forms of credit card fraud, including the unauthorized use of a credit or debit card, the use of a card knowing it is stolen or forged, and the trafficking of credit or debit cards. Specifically, offenses such as using a stolen card, using a card fraudulently obtained or with a fictitious account number, and the unauthorized sale or transfer of a credit or debit card are addressed under sections like 4106 (Access Device Fraud) and 4107 (Deceptive or Fraudulent Business Practices). Merchants who engage in fraudulent activities involving credit or debit cards are also subject to criminal penalties. Penalties for credit card fraud in Pennsylvania can range from misdemeanors to felonies, depending on the severity of the offense, the value of the fraudulent transactions, and the offender's criminal history. An attorney can provide specific guidance on the law as it pertains to an individual case of alleged credit card fraud.