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 Montana, credit card fraud is addressed under various statutes that criminalize the unauthorized use of financial transaction devices, which include credit cards. According to Montana Code Annotated (MCA) 45-6-317, a person commits the offense of deceptive practices when they knowingly use, transfer, or possess a financial transaction device with the intent to defraud. This includes using someone else's credit card without authorization, as well as using a lost or stolen card. The penalties for credit card fraud can range from misdemeanors to felonies, depending on the value of the fraudulent transactions and other factors. Additionally, identity theft is a separate crime under MCA 45-6-332, which makes it illegal to knowingly or purposely obtain personal identifying information of another person without their authorization, with the intent to commit an unlawful act. Victims of credit card fraud or identity theft in Montana should report the crime to law enforcement and may also need to contact their credit card issuer and credit bureaus to mitigate the damage and prevent further unauthorized activity.