Using Someone Else's Credit Card: Is It Illegal? (2024)

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John S Kiernan, Managing Editor

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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. But in reality, you shouldn’t run into any problems if you’re using a friend’s or family member’s credit cardwith their permission. That’s especially true if you’re the same gender.

Most merchants simply don’t compare the names on their customers’ IDs and credit cards to confirm they match. A credit card whose signature panel is unsigned or reads, “See ID,” might arouse some suspicion, though. And the merchant could request identification as a result. But merchants are not allowed to decline transactions due to a lack of ID when the card is signed.

It’s a similar story for a child using a parent’s credit card with permission. Many children have credit cards, as issuers generally don’t have minimum age requirements for authorized users. And it’s fairly common for a parent to send their child into a store or restaurant to pay for a purchase with their credit card. So merchants can’t be too suspicious. But context matters in this case, too. If a merchant has reason to believe a youth is using a credit card without permission, they might ask for ID.

You also have to remember that letting someone else use your credit card could wind up being pretty costly. Since you’re giving that person permission to make purchases, you’re on the hook for what they spend. But you should be fine as long as you choose whom to lend your card to wisely, establish firm ground rules and regularly monitor your account.

At the end of the day, it’s not illegal to use someone else’s credit card with permission. But doing so does violate card network rules. Anytime your credit card is out of your direct control, it is theoretically more susceptible to fraud. You don’t absolutely know how it’s being used. And the credit card company didn’t approve your friend or family member for an account. They approved you. Plus, if fraud ever crops up on your account, it will be more difficult to determine whether the charge was authorized.

With that being said, there’s a viable, above-board alternative to sharing your physical credit card – though it applies more to family members than friends. Making a relative an authorized user on your credit card will give them spending privileges as well as help them build credit.

This answer was first published on 06/12/15 and it was last updated on 01/24/20. For the most current information about a financial product, you should always check and confirm accuracy with the offering financial institution. Editorial and user-generated content is not provided, reviewed or endorsed by any company.

Using Someone Else's Credit Card: Is It Illegal? (2)

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Paddy Sullivan, WalletHub Credit Card Advisor

@PaddySully

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You can use someone else's credit card if they let you. But if they don't give you permission, it's fraud - and that is a crime. If the card owner reports that card as being stolen or fraudulently used, the authorities will begin an investigation. And since all cards come with $0 fraud liability, the card owner may be reimbursed for the unauthorized charges after the investigation is complete.

The issuer only authorized the person who got approved for the card to access its credit line. So even using someone else's card with permission is a violation of that card's terms. In that case, the cardholder is liable for any charges you make.

A perfectly legal way to use someone else's credit card with permission is to ask the card's owner to add you as an authorized user.

This answer was first published on 02/15/18 and it was last updated on 03/11/19. For the most current information about a financial product, you should always check and confirm accuracy with the offering financial institution. Editorial and user-generated content is not provided, reviewed or endorsed by any company.

Jessica @clayismine0406

My boyfriend was in jail and gave me permission over a recorded line to access is bank account can he legally charge me with a crime if I spent to much money or can he use me?

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Dmitriy Fomichenko, President, Sense Financial

@dfomichenko

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If someone else's adds you to the account as authorized user, yes. If someone else lends you his/her credit card he/she would be breaking their agreement with the credit card company.

This answer was first published on 06/12/15. For the most current information about a financial product, you should always check and confirm accuracy with the offering financial institution. Editorial and user-generated content is not provided, reviewed or endorsed by any company.

Gard Brown @gardbrown

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Can you provide any documented proof of this? None of my credit card agreements state this to be the case. They DO state that I am responsible for anyone that I authorize to use the card... This is separate from the Authroized users section of the agreements.

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Philip Ellwell, Member

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Technically, it would be against terms and conditions to use someone else's credit card, even if you've got the PIN. That being said, they can't ask for identificationif the card is signed. If it's not signed, they are allowed to ask for it, but it's not required or anything.

This answer was first published on 03/18/18 and it was last updated on 04/25/18. For the most current information about a financial product, you should always check and confirm accuracy with the offering financial institution. Editorial and user-generated content is not provided, reviewed or endorsed by any company.

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Tom Pytre, Member

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It's against the terms of service. You might get away with it in most cases, but I would make sure I had it in writingthat I'musing the card with the owner's permission.

This answer was first published on 02/22/18. For the most current information about a financial product, you should always check and confirm accuracy with the offering financial institution. Editorial and user-generated content is not provided, reviewed or endorsed by any company.

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Using Someone Else's Credit Card: Is It Illegal? (2024)

FAQs

Using Someone Else's Credit Card: Is It Illegal? ›

You can use someone else's credit card if they let you. But if they don't give you permission, it's fraud - and that is a crime. If the card owner reports that card as being stolen or fraudulently used, the authorities will begin an investigation.

Can I call the police if someone is using my credit card? ›

Under California law, you can report identity theft to your local police department. Ask the police to issue a police report of identity theft. Give the police as much information on the theft as possible.

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.

Can banks find out who used your card? ›

Bank investigators will usually start with the transaction data and look for likely indicators of fraud. Time stamps, location data, IP addresses, and other elements can be used to prove whether or not the cardholder was involved in the transaction.

Is it illegal to use someone else's address for a credit card? ›

Yes, using someone else's address or someone using your address is illegal. This type of fraud is known as address fraud and manifests in various guises such as brushing scams and rental scams.

Do police really investigate credit card theft? ›

Credit card fraud is pretty low on the law enforcement priority list even if — and it is a big if — the credit card company even contacts police to report it. Generally the only time police will even get involved is if it is an extremely easy slam dunk case or the amounts involved are very elevated.

What to do if someone uses your credit card without permission? ›

Victim Of Credit Card Fraud? Here's What To Do
  1. Contact your credit card company.
  2. Report the fraud to your bank.
  3. Update your online banking passwords.
  4. Request a free credit report.
  5. Freeze your credit file.
  6. File an identity theft report.
  7. Report the crime to local law enforcement.
  8. Unlink your credit cards from sites.

Can you go to jail for using someone else's debit 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.

Can credit card companies find out who used your 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.

How is credit card theft proven? ›

How to Identify Credit Card Fraud
  1. Check Credit Card Statements Regularly. Whether you receive your statements online or as hard copies, it's important to examine the transaction histories on all of your credit cards to check for suspicious activity. ...
  2. Keep Tabs on Your Credit Reports. ...
  3. Don't Ignore Debt Collectors.
Jul 17, 2024

Can you be tracked if you use someone else's 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.

Is it legal to use someone else's credit card with permission? ›

Is it illegal to use someone else's credit card? 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.

Do banks actually investigate unauthorized transactions? ›

Typically, the bank has a team of investigators responsible for investigating suspicious activity that comes up. At a high-level, it involves detecting instances of potential fraud and escalating these cases to investigators who can determine whether it was fraud and, ideally, what type of fraud has occurred and how.

Can you get in trouble for using someone else's credit card online? ›

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 use a credit card that isn't yours? ›

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.

Is it a federal offense to use someone else's address? ›

It's a federal crime to use a fictitious name or address to carry out a fraudulent scheme. Most people understand that it's a federal crime to use the United States Mail System (USPS) or a private carrier, such as UPS or FedEx, to carry out a fraudulent scheme defined under the 18 U.S.C. 1341 mail fraud statute.

Can you report someone for using your credit card? ›

Notify the authorities

Fill out an identity theft report with the FTC at IdentityTheft.gov . The FTC is a federal law enforcement agency, so if you inform them that you are the victim of fraud, you won't have to file a police report locally.

Is it illegal for someone to use your credit card? ›

Yes, someone else can use your credit card with your permission. However, it's important to realize that you are legally liable for all their charges. In other words, when you agree to give another person access to your account, you also agree to pay for their purchases and deal with the consequences of their mistakes.

How do I report a credit card to the police? ›

Report it to us online or call 0300 123 2040.

How do I report a misuse of my credit card? ›

Speak to your bank

Get in touch with your bank immediately – they should be able to put a hold on your account and also reimburse your money provided you haven't contributed to the loss and have protected your card and PIN if there has been fraudulent activity.

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