What is credit card fraud?
Credit card fraud is a serious crime that can lead to fines, probation, and a possible jail/prison sentence. According to Florida Statute 817.61 “A person who, with intent to defraud the issuer or a person or organization providing money, goods, services, or anything else of value or any other person, uses, for the purpose of obtaining money, goods, services, or anything else of value, a credit card obtained or retained in violation of this part or a credit card which he or she knows is forged, or who obtains money, goods, services, or anything else of value by representing, without the consent of the cardholder, that he or she is the holder of a specified card or by representing that he or she is the holder of a card and such card has not in fact been issued violates this section.”
There are multiple ways an individual can fall victim to credit card fraud.
Whether it’s through email or through a courtesy call, it is best to be aware of how people can steal your information and how to prevent it. Know who you’re giving your information to and if they are a legit person. If you receive a call from an unknown number claiming to be from your company, you can do a quick Google search to see if they have been a confirmed scammer. If you are unsure of the information provided from a call or email regarding your card, the best thing to do is to reach out to your credit card company and confirm before releasing your information to potential scammers.
How important is it to have a lawyer after a credit card scam lawsuit in Florida?
If you suspect that you have fallen victim to a credit card scam, then you would want to hire an attorney so they can assist you in filing a lawsuit. If you are suspected of engaging in credit card fraud, then you want to hire a criminal defense lawyer to represent you.
An experienced criminal defense lawyer would be beneficial for a credit fraud charge. Whether you have fallen victim to credit card fraud or are accused of committing credit card fraud, an experienced attorney will be essential for your case. To find the closest credit card fraud defense lawyer you can use Google or yelp to search “Credit card fraud defense lawyer near me.” Most lawyers offer free consultations so you can call their office and request a consultation to see if they offer what you’re looking for and if they are the best fit for you. You want to make sure that the lawyer you choose in the end is one who has handled cases similar to yours and can help you receive the result you want in the end.
What are the best strategies that your lawyer can use to defend you?
There are a few defenses that may be used in court to defend your allegations. A defense you could use is that you may have fallen victim to identity theft. You could say you are also a victim and were affected by this act because you weren’t the individual who committed the crime, but instead, someone impersonating you. Another defense could be that you were under the impression that it was okay to use the credit card. If the card belonged to a family member or friend, then your defense could be that you were under the impression it was okay to make the transaction. You might have been a victim of entrapment and that’s why you used the card because you were manipulated to commit the crime. Or maybe you were forced to use the card against your will and are a victim of coercion.
The way to prevent credit card fraud is to know who you’re giving your credit card information to. You might receive a call from your credit card provider asking you to confirm the information because of policy change, new card, or interest rate changing. The best thing to do is hang up the phone and call the phone number that is printed on your personal card and speak to a representative to confirm if the information is true.
Credit card fraud is the act of using another person’s credit card without their knowing consent. This could be a stranger, friend or family members card that is in use.
There are multiples ways someone can get your credit card information. One way is through an RFID scanner, this is a device that can capture a card’s information by just touching your card or wallet. The best way to prevent this is to have an anti RFID wallet to store all your cards or find a wallet made out of a material that can prevent electromagnetic waves from getting through. There are also scams that you should be aware of so you don’t fall victim. A common scam is a “credit card representative” reaching out to you asking you to confirm your bank information because they are receiving a new card or if there’s a new interest policy. This can be done through phone or via email.
The best way to avoid this is to remember this. Your credit card company will automatically send you a new chip card if one is needed and your provider will never ask you to update your information via email. If you do receive a suspicious email then the best thing for you to do is confirm the information with your bank using the number provided on your card. Another scam is a call claiming there are signs of fraud on your account. The caller might ask you to confirm some information for your card and try to get some other details. They might ask you to confirm your name, phone number, address or a security answer. This might seem like a legit thing but the best thing to do is to hang up and call the number on your card to confirm if it is true or not.
Depending on the amount stolen, credit card fraud can be a felony offense and can lead to a third-degree charge. Credit card fraud is a misdemeanor if the card was used the card less than two times and didn’t spend more than $100 within a six months period. The penalties for a misdemeanor for credit card fraud would be a fine of up to $1000 and up to a year in jail. Credit card fraud becomes a felony if the card is used more than twice and was used to pay for more than $100 for items within a six-month period. The penalties for a felony charge would be a third-degree felony charge, up to five years in jail, up to five year’s probation, and a fine of $500.
According to ACI Worldwide, more than 40% of Americans have had their Credit card information stolen sometime within the past five years. That means that 40% of Americans have gotten their information stolen or have fallen victim to credit card scams. Avoid falling victim to these scams by being aware of who you are giving out your information to. If you do not recognize the number, then look it up to see if it’s a known scammer or call your bank to confirm the changes they were mentioning. Committing credit card fraud is a serious offense and can lead to third-degree felony charges and a prison sentence.
If you or your loved one find themselves in a situation where you are being accused of Credit Card Fraud, call us right away at 407-930-8912 to speak with a qualified legal professional or fill out the contact form on this page. We’re available 24/7, we offer free initial consultation and payment plans. In addition to our Orlando location, we have offices in the following cities across the state of Florida:
- Daytona Beach
- Kissimmee
- Melbourne
- Lakeland
- Ocala
- Tampa
- Fort Myers
- Sanford
- Miami
- Jacksonville
- Fort Lauderdale
- Sarasota
- Clearwater
*Additional Orlando Florida & Orange County Legal Resources