{"id":373534,"date":"2016-04-11T01:22:34","date_gmt":"2016-04-11T06:22:34","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/state\/kentucky-law\/kentucky-credit-and-debit-card-fraud.html"},"modified":"2016-06-20T19:48:46","modified_gmt":"2016-06-21T00:48:46","slug":"kentucky-credit-and-debit-card-fraud","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/kentucky-law\/kentucky-credit-and-debit-card-fraud.html","title":{"rendered":"Kentucky Credit and Debit Card Fraud"},"content":{"rendered":"\n
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Kentucky Credit and Debit Card Fraud<\/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

Credit and debit card fraud are both forms of identity theft<\/a> in which an unauthorized party makes misrepresentations in order to illegally use a credit or debit card to make purchases or to steal funds.<\/p>\n

What’s a Credit Card?<\/h2>\n

In Kentucky, a credit card is defined as any instrument issued by a business or financial institution that allows the cardholder to obtain money, goods, services, or anything else of value on credit. Examples include: credit cards, credit plates, and credit numbers.<\/p>\n

What’s a Debit Card?<\/h2>\n

A debit card is any instrument issued (with or without a fee) by a business or financial institution that allows the cardholder to obtain money, goods, services, or anything else of value by paying from funds previously deposited by the cardholder.<\/p>\n

Credit and Debit Card Fraud in Kentucky<\/h2>\n

Credit and debit card fraud in Kentucky is criminalized by the Credit and Debit Card Crime Act (KRS sections 434.550 \u2013 434.730<\/a>). This act can be broken down into three types of crimes: crimes by the cardholder, merchant crimes, and third-party crimes. See the three charts below for a brief overview of the types of credit and debit card fraud that it prohibits for each group of people.<\/p>\n

Crimes by the Cardholder:<\/u><\/p>\n\n

Fraudulent Card Applications<\/b><\/p>\n<\/td>\n

Intentionally making false statements about your identity or financial condition in order to procure a card from an issuer.<\/td>\n<\/tr>

Fraudulently Reporting a Card Lost or Stolen<\/b><\/p>\n<\/td>\n

Fraudulently using a card that you previously reported as lost or stolen. Or reporting your card lost or stolen and fraudulently stating that transactions you made weren’t authorized when in fact they were.<\/td>\n<\/tr><\/tbody><\/table>\n

Merchant Crimes:<\/u><\/p>\n\n

Misrepresenting that Goods or Services were Provided<\/b><\/p>\n<\/td>\n

When a business (or their employee) intentionally represents that money, goods, services or anything else of value was provided to a cardholder when it wasn’t.<\/td>\n<\/tr><\/tbody><\/table>\n

Third-party Crimes:<\/u><\/p>\n\n

Stealing or Receiving Stolen Cards<\/b><\/p>\n<\/td>\n

Taking a card from another without the consent of the cardholder or the issuer, or receiving a stolen card with the intent to sell or improperly transfer it to someone else.<\/td>\n<\/tr>

Fraudulently Buying or Selling a Card<\/b><\/p>\n<\/td>\n

Buying a card from someone other than the issuer, or selling a card if you aren’t the issuer.<\/td>\n<\/tr>

Using a Card as Security for Debt<\/b><\/p>\n<\/td>\n

Obtaining control over a card as security for debt with the intent to defraud.<\/td>\n<\/tr>

Making Fake Cards<\/b><\/p>\n<\/td>\n

Falsely making or embossing a knockoff card with the intent to defraud, or knowingly possessing a fake credit card.<\/td>\n<\/tr>

Unauthorized Signature<\/b><\/p>\n<\/td>\n

Signing for a card without the cardholder’s authorization and with the intent to defraud.<\/td>\n<\/tr>

Phishing<\/b><\/p>\n<\/td>\n

Intentionally soliciting, requesting, or taking action to induce someone to provide their card information electronically by misidentifying yourself.<\/td>\n<\/tr><\/tbody><\/table>\n

Additional Resources<\/h2>\n

State laws change frequently. For case specific information regarding Kentucky’s credit and debit card fraud contact either a local consumer protection attorney<\/a> or a criminal defense lawyer<\/a>.<\/p>\n

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