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 Louisiana, credit card fraud is considered a serious criminal offense and is covered under Louisiana Revised Statutes Title 14:67.3. The law encompasses various fraudulent activities involving credit or debit cards, such as using stolen or illegally obtained cards to acquire goods or services, using fictitious card information, and possessing, receiving, buying, or selling stolen credit or debit cards. It also includes merchant-based fraud, where a merchant intentionally defrauds a card issuer or cardholder by accepting a known forged, expired, or revoked card, or by misrepresenting the provision of goods or services to the issuer. Penalties for credit card fraud in Louisiana can include fines, imprisonment, or both, and the severity of the punishment typically depends on the value of the fraudulent transactions and the offender's criminal history. An attorney can provide specific guidance on the application of these laws and potential defenses in cases of alleged credit card fraud.