15 U.S. Code § 1644 - Fraudulent use of credit cards; penalties (2024)

(a) Use, attempt or conspiracy to use card in transaction affecting interstate or foreign commerce

Whoever knowingly in a transaction affecting interstate or foreign commerce, uses or attempts or conspires to use any counterfeit, fictitious, altered, forged, lost, stolen, or fraudulently obtained credit card to obtain money, goods, services, or anything else of value which within any one-year period has a value aggregating $1,000 or more; or

(b) Transporting, attempting or conspiring to transport card in interstate commerce

Whoever, with unlawful or fraudulent intent, transports or attempts or conspires to transport in interstate or foreign commerce a counterfeit, fictitious, altered, forged, lost, stolen, or fraudulently obtained credit card knowing the same to be counterfeit, fictitious, altered, forged, lost, stolen, or fraudulently obtained; or

(c) Use of interstate commerce to sell or transport card

Whoever, with unlawful or fraudulent intent, uses any instrumentality of interstate or foreign commerce to sell or transport a counterfeit, fictitious, altered, forged, lost, stolen, or fraudulently obtained credit card knowing the same to be counterfeit, fictitious, altered, forged, lost, stolen, or fraudulently obtained; or

(d) Receipt, concealment, etc., of goods obtained by use of card

Whoever knowingly receives, conceals, uses, or transports money, goods, services, or anything else of value (except tickets for interstate or foreign transportation) which (1) within any one-year period has a value aggregating $1,000 or more, (2) has moved in or is part of, or which constitutes interstate or foreign commerce, and (3) has been obtained with a counterfeit, fictitious, altered, forged, lost, stolen, or fraudulently obtained credit card; or

(e) Receipt, concealment, etc., of tickets for interstate or foreign transportation obtained by use of card

Whoever knowingly receives, conceals, uses, sells, or transports in interstate or foreign commerce one or more tickets for interstate or foreign transportation, which (1) within any one-year period have a value aggregating $500 or more, and (2) have been purchased or obtained with one or more counterfeit, fictitious, altered, forged, lost, stolen, or fraudulently obtained credit cards; or

(f) Furnishing of money, etc., through use of card

Whoever in a transaction affecting interstate or foreign commerce furnishes money, property, services, or anything else of value, which within any one-year period has a value aggregating $1,000 or more, through the use of any counterfeit, fictitious, altered, forged, lost, stolen, or fraudulently obtained credit card knowing the same to be counterfeit, fictitious, altered, forged, lost, stolen, or fraudulently obtained—

shall be fined not more than $10,000 or imprisoned not more than ten years, or both.

15 U.S. Code § 1644 -  Fraudulent use of credit cards; penalties (2024)

FAQs

15 U.S. Code § 1644 - Fraudulent use of credit cards; penalties? ›

shall be fined not more than $10,000 or imprisoned not more than ten years, or both.

What is the punishment for using a fake credit card? ›

Penal Code § 484g PC makes it a crime to use a credit or debit card to obtain goods, services or money when you know the card to be fake, forged, expired, invalid, or belonging to someone else. This offense can be charged as a misdemeanor or a felony and carries a penalty of up to 3 years in jail.

What is 15 USC unauthorized use of credit card? ›

(p) The term "unauthorized use," as used in section 1643 of this title, means a use of a credit card by a person other than the cardholder who does not have actual, implied, or apparent authority for such use and from which the cardholder receives no benefit.

What is the penal code for fraudulent use of a credit card? ›

Penal Code 484g PC makes it a crime to use a credit card to obtain goods or services knowing the card is fake, forged, expired, or belongs to another person. The crime of fraudulently using somebody's credit or debit card is described under California Penal Code 484g.

Are you responsible for the charges if your credit card is fraudulently used? ›

Are you liable for fraudulent credit card charges? Many credit card companies offer zero-liability fraud protection if you report charges within 30 days. This means that you won't be liable for any fraudulent purchases made on your credit card account.

Can police do anything for credit card frauds? ›

But fraud victims can also consider: Filing a police report. 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.

Do most credit card frauds get caught? ›

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.

What is a violation of 15 USC 1681? ›

Any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or $1,000, whichever is greater.

Who has the burden of proof for unauthorized use of a credit card? ›

In any action by a card issuer to enforce liability for the use of a credit card, the burden of proof is upon the card issuer to show that the use was authorized or, if the use was unauthorized, then the burden of proof is upon the card issuer to show that the conditions of liability for the unauthorized use of a ...

What is the maximum liability for unauthorized use of your credit card? ›

If you report the loss or theft of your credit card (usually within 30 days), the Fair Credit Billing Act (FCBA) offers protection. You are not responsible for fraudulent charges made after notifying your credit card company. For unauthorized charges, you might only be liable for $50.

What is the penalty for 15 usc 1644 fraudulent use of credit cards? ›

shall be fined not more than $10,000 or imprisoned not more than ten years, or both.

What is fraudulent use of a credit card over $10000? ›

Someone who obtains more than $10,000 worth of property in a 6-month period through the use of fraudulent or stolen credit cards will be charged with a Class G felony. Class G felony convictions are life-altering, and sentencing may include a prison sentence up to 10 years long.

What happens if you lie about credit card theft? ›

It may take some time for the lie to be discovered, but if it is, you could face criminal charges, and you could end up with jail time. Lots of it, if you lied on more than one application. And if you end up declaring bankruptcy later, the application may come under scrutiny.

Can the bank find out who used my credit card? ›

Yes. Tracking who used a credit card is often possible, especially if the fraud involved physical transactions at identifiable locations or digital transactions with traceable IP addresses and device information.

Is using someone else's credit card a federal crime? ›

Just about any unauthorized use of a credit card can be prosecuted as credit card fraud. Most cases are charged under state laws, but credit card fraud is often charged as an 18 U.S.C. § 1029 federal crime.

What happens if you fraudulently dispute a credit card charge? ›

Cardholders can face consequences for filing false chargebacks. In fact, friendly fraud is considered to be a form of wire fraud, which means that, technically, you could go to jail for falsely disputing credit card charges.

What if I use a fake credit card? ›

If you try to use a fake card to buy something that requires an immediate disbursal of funds, the transaction will be declined, and the merchant could report the incident to the authorities.

Can you go to jail for using a credit card you found? ›

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.

Can you go to jail for lying on credit card? ›

To summarize, lying on a credit card application is a punishable crime – on both the state and federal levels. Although a state conviction only leads to a year of prison, a federal conviction could land you decades of imprisonment and a hefty fine.

Can you go to jail for using your parents' credit card? ›

Using a family member's credit card without their permission can be a complex issue, with both legal and ethical considerations. Credit card fraud is a serious offense that can lead to criminal charges and penalties, including fines and imprisonment.

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