Ohio Credit and Debit Card Fraud Laws

Ohio Credit and Debit Card Fraud Laws

Credit card fraud costs billions of dollars each year in the United States. As a result, consumers end up paying higher finance charges and annual fees.

In Ohio, credit or debit card fraud encompasses both identity fraud and misusing another person's personal identifying information. Spefically, it refers to the unauthorized use of another person credit, debit or credit card information. Credit card fraud in Ohio includes any unauthorized online purchase, purchases made with a stolen or fraudulent device, possessing and making fake card readers and soliciting others in order to make fraudulent transactions

The following table highlights the main provisions of Ohio's credit and debit card fraud laws. See Are You Responsible for Unauthorized Credit Card Charges?, Fraud and Financial Crimes, Theft Overview, and Business Data Breach and Customer ID Theft for more information.

Code Sections

Ohio Rev. Code Ann. §2913.49 (Identity Fraud)

Ohio Rev. Code Ann. §2913.21 at. esq. (Misuse of Credit Card)

What is Prohibited

Identity Fraud:

Possession of personal identifying information of another person with the intent to:

  • Represent yourself as the other person, OR
  • Use the identifying information as your own.
  • The charge you face depends on the value that the misrepresented person or victim was defrauded from.

Misusing a Credit Card:

  • Knowingly buy or sell a credit card to or from someone other than the intended user,
  • Practice deception to obtain a credit card,
  • Obtain a credit card from someone as security for a debt,
  • Use an expired or revoked credit card to gain something of value, or
  • Represent yourself as the original issuer of a credit card when you know that representation is false.
  • Typically misuse of a credit card is a est degree misdemeanor
Penalties

Misdemeanor or Felony, degree depends on facts and nature of the crime

Definition of a Credit Card

Credit card, banking card, debit card, electronic funds transfer or gift card, or any account number including a card, code, device, or other means of access to a customers account for the purpose of obtaining money, property, labor, or services on credit, or for initiating an electronic fund transfer at a point-of-sale terminal, an automated teller machine, or a cash dispensing machine.

Definition of Personal Identifying Information

Any information that can be used to identify someone, including a person’s name, telephone number, address, driver’s license, credit card number, personal passwords, and other types of information.

What to Do If You Are a Victim

1. Contact the Ohio Attorney General Consumer Protection Division, 1 800-282-0515

2. Notify you credit card company immediately. Note the date, time and person to whom you reported the loss or theft. Once you report the loss or theft, you are not responsible for charges you didn’t authorize. Your maximum liability under federal law is $50 per card

3. Contact the three major credit card bureaus:

4. Opt out of getting credit card offers in the mail by calling 1-888-567-8688 (1-888-5OPT-OUT). You’ll be asked to provide some personal information such as name, address and Social Security number, but that information will be used only to process your request

Because Ohio's consumer and criminal laws can sometimes get complicated, it may also be a good idea to consult an experienced consumer protection or criminal defense lawyer if you have questions about your specific situation.

 

Next Steps: Search for a Local Attorney

Contact a qualified attorney.