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 South Carolina, credit card fraud is considered a serious criminal offense and is covered under the South Carolina Code of Laws, particularly in Title 16 - Crimes and Offenses, Chapter 14 - Financial Transaction Card Crime Act. The state defines and penalizes various forms of credit card fraud, including but not limited to the unauthorized use of a credit or debit card to obtain goods or services, the use of a counterfeit or fictitious card, the theft or receipt of a stolen card with intent to use or sell it, and the sale or purchase of credit or debit cards when the parties involved are not the authorized issuers. Merchants who, with intent to defraud, accept a known forged, expired, or revoked card, or fail to provide goods or services they claim to have furnished, can also be charged with credit card fraud. Penalties for these offenses can range from fines to imprisonment, depending on the severity of the crime and the value of the fraudulent transactions involved. It is important for individuals accused of such crimes to seek the counsel of an attorney to navigate the complexities of the legal system and to ensure their rights are protected.