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 West Virginia, credit card fraud is considered a serious criminal offense. State statutes specifically address the unauthorized use of credit and debit cards under West Virginia Code §61-3-24, which makes it illegal to take, forge, or use another person's credit card without their consent. Penalties for credit card fraud can range from misdemeanor to felony charges, depending on the value of the fraudulent transactions and the circumstances of the offense. Additionally, identity theft is covered under West Virginia Code §61-3-54, which prohibits the fraudulent use of another individual's identifying information to obtain money, credit, goods, services, or anything else of value without authorization. This can include using someone's personal information to open new credit accounts. The law provides for both criminal penalties and the possibility of civil action by victims seeking compensation for damages. Victims of credit card fraud or identity theft in West Virginia are encouraged to report the crime to law enforcement and may also need to contact an attorney to understand their rights and the potential remedies available to them.