{"id":374096,"date":"2016-03-31T21:35:40","date_gmt":"2016-04-01T02:35:40","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/michigan-law\/michigan-credit-card-fraud-laws.html"},"modified":"2016-06-20T19:48:46","modified_gmt":"2016-06-21T00:48:46","slug":"michigan-credit-card-fraud-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/michigan-law\/michigan-credit-card-fraud-laws.html","title":{"rendered":"Michigan Credit Card Fraud Laws"},"content":{"rendered":"\n
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Michigan Credit 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

\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\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

In Michigan, credit or debit card fraud<\/a> happens when an individual illegally uses another person’s credit or debit card to pay for or purchase an item or service. Credit card fraud also includes opening a new account in another person’s name, and using that card for purchases. A criminal doesn’t need to physically possess the actual card in order to steal. They can easily use just the credit card number. This is generally considered a form of fraud and identity theft because purchases are made with the intention of not personally paying for the items.<\/p>\n

In Michigan, credit cards and debit cards are referred to as Financial Transaction Devices (FTD). They can include gift cards or rebate cards. In Michigan, you can be charged with a felony for improperly using your own credit\/debit card or if you possess\/use the credit\/debit card of another person without consent. Basic credit card fraud laws target stealing, possessing, forging, and using FTDs.<\/p>\n

The following table highlights the main provisions of Michigan’s credit card laws.<\/p>\n\n
Code Sections<\/b><\/td>\n

Stealing an FTD or Possessing an Altered FTD:<\/b> Michigan Penal Code \u00a7750.157n<\/a><\/p>\n

Possession of FTD with Intent<\/b>: Michigan Penal Code \u00a7750.157p<\/a><\/p>\n

Forgery of FTD<\/b>: Michigan Penal Code \u00a7750.157r<\/a><\/p>\n

Use of FTD in excess of funds or limits<\/b>: Michigan Penal Code \u00a7750.157w<\/a><\/p>\n

Use of a Revoked or Canceled FTD<\/b>: Michigan Penal Code \u00a7750.157s<\/a><\/p>\n<\/td>\n<\/tr>

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

Stealing an FTD or Possessing Altered FTD<\/b>:<\/p>\n

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  • Taking<\/b> a credit or debit card or other FTD from the cardholder without their consent (stealing)<\/li>\n
  • Knowingly possessing<\/b> a stolen credit or debit card or other FTD without the owners’ consent with the intent to use or sell it<\/li>\n
  • Knowingly possessing<\/b> a credit or debit card or FTD that has been lost or misdelivered with the intent to use or sell it<\/li>\n
  • Knowingly possessing<\/b> an altered or fraudulent credit or debit card or other FTD (Altering a magnetic strip or crediting a fake credit card)<\/li>\n
  • Knowingly using<\/b> an FTD without the owner’s consent<\/li>\n<\/ul>\n

    Possession of FTD with Intent to Use<\/b><\/p>\n

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    • Possessing or receiving <\/b>someone else’s FTD with intent to use, sell, or deliver it without the owner’s consent.<\/div>\n<\/li>\n<\/ul>\n

      Forgery of FTD<\/b><\/p>\n

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      • Duplicating or making changes to a debit\/credit card or other FTD.<\/div>\n<\/li>\n<\/ul>\n

        Use of FTD in excess of funds or limits<\/b><\/p>\n

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        • <\/b>Using a credit card or debit card of other FTD to withdraw somebody else’s money.<\/div>\n<\/li>\n<\/ul>\n

          Use of a Revoked or Canceled FTD<\/b><\/p>\n

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          • Knowingly using a revoked (versus expired) credit or debit card to obtain anything of value.<\/div>\n<\/li>\n<\/ul>\n<\/td>\n<\/tr>
Penalties<\/b><\/td>\n

Stealing an FTD or Possessing Altered FTD<\/b>: Felony punishable by a fine of not more than $5,000 and up to Four (4) Years in Prison.<\/p>\n

Possession of FTD with Intent to Use:<\/b> Felony punishable by a fine of not more than $5,000 and up to Four (4) Years in Prison.<\/p>\n

Forgery:<\/b> Felony punishable by a fine of not more than $5,000 and up to Four (4) Years in Prison.<\/p>\n

Use of FTD in excess of funds or limits:<\/b> Depending on the amount it can be a misdemeanor or a felony.<\/p>\n

Use of a Revoked or Canceled FTD:<\/b> Depending on the amount it can be a misdemeanor or a felony.<\/p>\n

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

Definition of Financial Transaction Device "FTD"<\/b><\/td>\n

Credit card, banking card, debit card, Electronic Funds Transfer or gift card, or any account number.<\/p>\n<\/td>\n<\/tr><\/tbody><\/table>\n

What to Do If You Are a Victim<\/h2>\n

1) Contact the Michigan State Police<\/a> and the Identity Theft Services Unit<\/a>.<\/p>\n

2) Notify you credit card company immediately.<\/p>\n

3) Contact the three major credit card bureaus:<\/p>\n