Credit card fraud is when someone uses your credit card or credit account to make a purchase you didn't authorize. This activity can happen in different ways. For example, if you lose your credit card or have it stolen, it can be used to make purchases or other transactions, either in person or online. And fraudsters can also steal your credit card account number, PIN and security code to make unauthorized transactions, without needing your physical credit card—unlawful transactions like these are known as card-not-present fraud.
Identity theft involves the use of illegally obtained information about you, like your name, birthday, Social Security number, credit card numbers and more, in order to use existing credit accounts or open new ones in your name. When this happens, criminals capture the spending power of your credit while you get stuck with the bill.
In California, credit card fraud is considered a serious criminal offense and is covered under various state statutes and federal laws. California Penal Code sections 484e, 484f, 484g, 484h, 484i, and 484j provide the specific regulations against credit card fraud, which include the theft of credit card information, the possession of stolen credit cards, and the fraudulent use of credit card data. Penalties for credit card fraud in California can range from fines to imprisonment, depending on the severity of the crime and the amount of money involved. Additionally, identity theft is addressed under California Penal Code section 530.5, which makes it illegal to willfully obtain someone else's personal identifying information and use it for any unlawful purpose, including to obtain or attempt to obtain credit, goods, services, or medical information. Victims of credit card fraud or identity theft in California have certain rights, including the right to file a police report and to place a fraud alert on their credit records. It is advisable for individuals who suspect they have been victims of credit card fraud or identity theft to contact an attorney to understand their legal options and to ensure their rights are protected.