Is using someone else's credit card for your own purposes illegal? Yes, it is indeed unlawful. Under federal and state law, fraudulently using someone else's credit card or making purchases with their account without permission could have serious legal consequences. In some cases, this type of fraud may even lead to extended jail time.
There can be a lot of grey areas when it comes to credit card fraud cases, and the circ*mstances of each case will affect how it is charged and prosecuted. Below we review what credit card fraud is, how the New York penal code defines it, and what to do if you have been accused of stealing or using someone else's credit card.
What Is Credit Card Fraud?
Credit card fraud is a common form of identity theft, where someone gains access to physical credit cards, valid credit card numbers, and credit card account information and uses this information to make unauthorized purchases, withdrawals, or payments without the knowledge or permission of the cardholder. It also includes using someone else's account information to make fraudulent purchases, taking cash advances without authorization, and stealing cards to gain access to accounts. Stolen credit card numbers may also be used to transfer funds between accounts or create new credit lines.
Credit card fraud can also occur:
- In-person with a physical copy of your card
- Online using only your banking or card info
- Through in-app purchases
Credit card fraud is a type of identity theft, so understanding the concept of identity theft is key to understanding credit card fraud. Identity theft generally involves the fraudulent use of another person's personal information for financial gain or illegal activities. Because credit card fraud can cause serious damage to the individual whose credit cards have been stolen - including financial distress and damaged credit score - prosecutors are incredibly aggressive when pursuing charges.
How Are These Cases Prosecuted?
Credit card fraud cases may be prosecuted at either the state or the federal level depending on the specifics of the case. In cases involving interstate or international transactions, the federal government will likely be involved. Meanwhile, New York has its own laws against credit card fraud outlined in the state's Penal Code, and most credit card fraud cases are handled at the state level.
In New York, it is illegal to:
- Obtain or attempt to obtain services on a credit basis using a credit or debit card that is known to be stolen (Section 165.15)
- Obtain or attempt to obtain property or service by using or displaying a credit card, debit card, or benefits card that is known to be revoked or canceled (Section 165.17)
- Knowingly possess stolen property, including credit cards, debit cards, or public benefits cards (Section 165.45)
Someone accused of stealing another person's credit or debit card may also be charged with grand larceny in the fourth degree, which is a class E felony (Section 155.30). Similarly, criminal possession of stolen property in the fourth degree is also charged as a class E felony in New York.
What to Do If You Are Charged with Credit Card Fraud in Nassau County
If you have been arrested for credit card fraud or accused of identity theft, it is essential that you act quickly to protect your rights and future. At Foley Griffin, our experienced Nassau County criminal defense attorneys provide skilled legal representation for our clients who find themselves in such situations. We understand the complexities of credit card fraud and identity theft cases, drawing on our deep experience with law enforcement and the courts. Our team can help evaluate your case to determine the best course of action and help you devise a strong defense strategy you feel confident in.
Don't leave your future in the hands of chance: contact Foley Griffin today so we can start protecting your rights now.
FAQs
Is using someone else's credit card for your own purposes illegal? Yes, it is indeed unlawful. Under federal and state law, fraudulently using someone else's credit card or making purchases with their account without permission could have serious legal consequences.
Is it illegal to use a credit card that isn't yours? ›
You certainly can't use someone else's credit card without permission. That's fraud, which is a crime. And you technically aren't allowed to use a credit card that isn't your own under any circ*mstances.
Can you be tracked if you use someone else's credit card? ›
The authorities typically track fraudulent credit card transactions by: Checking transaction timestamp and IP address. Using geolocation tracking. Investigating the buyer's data and further account activity.
Can I give permission for someone to use my credit card? ›
An authorized user is someone you authorize to use your credit card and access other account features. But there could be some negative consequences for you. Adding an authorized user to your credit card account is easy to do, and it can be a great way to help a friend or family member improve or establish credit.
Is it illegal to charge a credit card without authorization? ›
Penal Code Section 484e states that anyone who "sells, transfers, or conveys, an access card, without the cardholder's or issuer's consent" can be charged with grand theft.
Can I use credit card not under my name? ›
It's not a crime to use someone else's credit card if their cardholder agreement allows it and you receive permission from the cardholder. Be sure the cardholder carefully reviews their credit card terms before they let you use their card.
What is considered unauthorized use of a credit card? ›
"Unauthorized use" is when someone other than the cardholder or a person that has the actual, implied or apparent authority uses a credit card and the cardholder receives no benefit from the use.
How often do credit card frauds get caught? ›
It really depends on the actions taken by a cardholder after they notice a possible attack and the prevention methods a bank or card issuer takes to detect fraud. Some estimates say less than 1% of credit card fraud is actually caught, while others say it could be higher but is impossible to know.
Can banks find out who used your card? ›
Can You Track Someone Who Used Your Credit Card Online? No. However, if you report the fraud in a timely manner, the bank or card issuer will open an investigation. Banks have a system for investigating credit card fraud, including some standard procedures.
Do police investigate debit card theft? ›
The police can then investigate the matter and potentially file felony charges against the culprit. If the thief is found and convicted, the judge can order that the thief pay victim restitution; or. Filing a civil lawsuit. The victim can sue the thief for theft and fraud.
According to National Consumer Law Center Associate Director Lauren Saunders, it's not illegal to lend someone else your credit card. In other words, that little loan is not breaking any federal or state laws. But there's a good chance you're violating your credit card contract.
Is it legal to let someone borrow your credit card? ›
While it is not against the law to lend out your card, you are likely breaking the rules of your credit card contract by doing so. Worse, you're opening yourself up to unprotected fraud. Federal law puts the cap on credit card holders' liability for fraudulent charges at $50.
Can I let my boyfriend use my credit card? ›
While few credit cards allow joint cardholders, many credit issuers allow you to add your partner as an authorized user on your credit card. That way, your partner can use your line of credit to make purchases — and, in some cases, use your credit history to build their credit score.
What happens if you use someone else's card? ›
Make an online purchase with someone else's credit card, or use a card issued to someone in another state, and that's enough. Federal penalties for using a "device" to commit fraud (the law defines a credit card as such a device) can include up to 20 years in prison, plus fines and forfeiture of personal assets.
Is it illegal to charge someone to use their card? ›
If you're wondering if it is legal to charge credit card fees, the short answer is yes in most states. The practice of surcharging was largely outlawed for several decades until 2013 when a class action lawsuit permitted merchants in several U.S. states to implement surcharges in their businesses.
Is it legal to pay someone else's credit card? ›
While it's not standard practice, someone else can pay your credit card bill. Creditors want bills paid on time; they're not terribly interested in whose pocket the money comes from. As long as they're using legal tender and they can ensure the payment is applied to the correct account, it can be done.
Can I let a friend use my credit card? ›
The Risks of Sharing a Credit Card
If your cardholder agreement does not provide any information regarding the sharing of your card, you should proceed with caution. For some cards, yes, you can use someone's card or they can use yours with permission. This practice is not generally recommended, however.
What if someone puts a credit card in my name but not mine? ›
Call your credit card issuer.
In cases of fraud, you should start by calling the company where the fraud took place — in this case, the credit card issuer. Explain to the credit card issuer that someone opened an account in your name and that they are trying to steal your identity.
Can I go to jail for opening a credit card in my husband's name? ›
Under this act, if your spouse has opened a fraudulent account or a credit card in your name, they can face severe penalties, including fines and imprisonment.
What happens if you accidentally use someone else's credit card? ›
Consumers found to have committed credit card fraud, even if was unintentional, could face a range of penalties, such as: Restitution: The cardholder might be required to pay back the money that was defrauded. This is often the first step in resolving minor issues.
