{"id":376730,"date":"2016-04-11T01:24:12","date_gmt":"2016-04-11T06:24:12","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/utah-law\/utah-credit-and-debit-card-fraud.html"},"modified":"2016-06-20T19:51:17","modified_gmt":"2016-06-21T00:51:17","slug":"utah-credit-and-debit-card-fraud","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/utah-law\/utah-credit-and-debit-card-fraud.html","title":{"rendered":"Utah Credit and Debit Card Fraud"},"content":{"rendered":"\n
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Utah 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 reviewed\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

Identity theft occurs when someone unlawfully obtains and uses another person’s personal data in a fraudulent way. A common form of identity theft<\/a> is credit and debit card fraud<\/a>, which occurs when an unauthorized person uses your card in other to make purchases or steal money from your bank account. However, credit and debit card fraud also encompasses unlawfully using your own card, merchants submitting improper claims for payment, selling or transferring cards, etc.<\/p>\n

Credit and debit card fraud can occur in many different ways, and each state has laws that criminalize this type of fraud<\/a>. This article provides a brief overview of Utah’s state laws on credit and debit card fraud.<\/p>\n\n

Code Section <\/b><\/p>\n<\/td>\n

Utah Code section 76-6-506.2<\/a>: Financial Transaction Card Offenses \u2013 Unlawful Use of Card<\/b><\/td>\n<\/tr>
Definition of "Financial Transaction Card"<\/b><\/td>\nA "financial transaction card" essentially means either a credit card or a debit card. For the legal definition see section 76-6-506(5)<\/a>. In this article, the term "card" is used to describe both credit and debit cards.<\/td>\n<\/tr>

What’s Prohibited?<\/b><\/p>\n

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1. Knowingly using a false, fictitious, altered, counterfeit, revoked, expired, stolen, or fraudulently obtained financial transaction card to obtain (or attempt to obtain) credit, goods, property, or services.<\/p>\n

2. Knowingly, with the intent to defraud, using a financial transaction card to obtain (or attempt to obtain) credit, goods, or services.<\/p>\n

3. Knowingly, with the intent to defraud, using a financial transaction card to willfully exceed the card’s credit limit by $500 or more, or by 50% or more of the line of credit, whichever is greater.<\/p>\n

4. Knowingly, with the intent to defraud, applying for a financial transaction card by making a false statement.<\/p>\n

5. Willfully and substantially undervaluing any indebtedness for the purpose of influencing an issuer to issue a new financial transaction card, or<\/p>\n

6. Knowingly, with the intent to defraud, presenting any credit card receipt if:<\/p>\n

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  • The receipt is counterfeit or fake<\/li>\n
  • The alleged sale didn’t take place,<\/li>\n
  • The alleged sale wasn’t authorized by the cardholder, or<\/li>\n
  • The goods alleged to have been sold weren’t delivered to the cardholder<\/li>\n<\/ul>\n<\/td>\n<\/tr>

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