{"id":372725,"date":"2016-03-31T21:35:03","date_gmt":"2016-04-01T02:35:03","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/georgia-law\/georgia-credit-and-debit-card-fraud-laws.html"},"modified":"2018-03-21T18:21:38","modified_gmt":"2018-03-21T23:21:38","slug":"georgia-credit-and-debit-card-fraud-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/georgia-law\/georgia-credit-and-debit-card-fraud-laws.html","title":{"rendered":"Georgia Credit and Debit Card Fraud Laws"},"content":{"rendered":"\n
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Georgia Credit and Debit Card Fraud Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Overview of Georgia Credit Card Fraud Laws<\/h2>\n

Paying with cash isn’t always convenient. More and more, consumers are using credit and debit cards to make everyday purchases in stores and on the Internet. Because of the prevalence of electronic payment, credit card and debit card fraud<\/a> is on the rise.<\/p>\n

In Georgia, it’s a form of identity theft<\/a> that involves taking another person’s credit card information without permission and making charges to the account or removing funds from it.<\/p>\n

The following table highlights the main provisions of the Georgia’s credit card laws. See Are You Responsible for Unauthorized Credit Card Charges?<\/a>, Fraud and Financial Crimes<\/a>, Theft Overview<\/a>, and Business Data Breach and Customer ID Theft<\/a> for more information.<\/p>\n\n
Code Sections<\/b><\/td>\n

Financial Transaction Card Theft<\/b>: O.C.G.A. \u00a716-9-31<\/a><\/p>\n

Forgery of a Financial Transaction Card<\/b>: O.C.G.A \u00a716-9-32<\/a><\/p>\n

Financial Transaction Card Fraud<\/b>: O.C.G.A. Section \u00a716-9-33<\/a><\/p>\n<\/td>\n<\/tr>

What is Prohibited<\/b><\/td>\n

Financial Transaction Card Theft<\/b>:<\/p>\n

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  • Taking a credit or debit card from the cardholder without their consent<\/li>\n
  • Knowingly possessing a stolen credit or debit card without the owners’ consent with the intent to use or sell it<\/li>\n
  • Knowingly possessing a credit or debit card that has been lost or misdelivered with the intent to use or sell it<\/li>\n
  • Buying a lost, stolen, or forged credit or debit card from another person<\/li>\n
  • Possessing two or more lost, stolen, or forged cards within one year.<\/li>\n<\/ul>\n

    Forgery of a Financial Transaction Card<\/b><\/p>\n

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    • Creating a false credit or debit card with the intent to defraud<\/li>\n
    • Falsely encoding a credit or debit card with the intent to defraud (basically altering the magnetic strip)<\/li>\n<\/ul>\n

      Financial Transactions Card Fraud<\/b><\/p>\n

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      • Knowingly using a credit or debit card without permission with the intent to defraud. The account number either doesn’t exist, or the card was lost, stolen, forged, revoked, expired, or obtained by fraud.<\/li>\n
      • Business owners and employees who knowingly accept a fraudulent credit or debit cards, or falsify a credit card receipt can also be guilty.<\/li>\n<\/ul>\n<\/td>\n<\/tr>
Penalties<\/b><\/td>\n

Financial Transaction Card Theft<\/b>: Felony punishable by a fine of not more than $5,000 and 1-3 years of prison.<\/p>\n

Forgery of a Financial Transaction Card:<\/b> Felony punishable by a fine of not more than $5,000 and 1-3 years of prison.<\/p>\n

Financial Transactions Card Fraud:<\/b> Felony, punishment depends on that amount of money stolen as a result of the fraud.<\/p>\n

**Sentences typically include restitution to the victim(s).<\/p>\n<\/td>\n<\/tr><\/tbody><\/table>\n

What to Do If You Are a Victim<\/h2>\n
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  1. Contact your local law enforcement<\/a> and Georgia Governor\u2019s Office of Consumer Protection<\/a><\/li>\n
  2. Notify you credit card company.<\/li>\n
  3. Contact the three major credit card bureaus:<\/li>\n<\/ol>\n