New Hampshire Credit and Debit Card Fraud

The most typical form of credit or debit card fraud occurs when a stolen card is used to purchase goods or services without the cardholder's authorization. However, card fraud also occurs anytime an intentional deceptive act (that is related to a credit or debit card) is done for monetary or personal gain. This type of fraud occurs in many diverse circumstances and can be committed by cardholders, card issuers, or third parties alike. The table below outlines New Hampshire's main credit card fraud statute.

Code Section

New Hampshire Revised Statutes section 638:5: Fraudulent Use of a Credit Card

What's Prohibited?

Using a credit card in order to obtain property or services while knowing that:
  • The card is stolen
  • The card has been revoked or cancelled, or
  • Use of the card is unauthorized by either the issuer or the person to whom the credit card is issued

What's a "Credit Card?"

 

A credit card is a writing or other evidence of an undertaking to pay for property or services delivered or rendered to or upon the order of a designated person or bearer.

Penalties

Fraudulently using a credit card is a class A felony if:

  • The property or services obtained exceeds $1,500, or
  • The defendant has two or more prior convictions under this statute within the last year, and the aggregate amount obtained by the defendant exceeds $1,500

Fraudulently using a credit card is a class B felony if:

  • The property or services obtained is between $1,000 and $1,500, or
  • The defendant has two or more prior convictions under this statute within the last year, and the aggregate amount obtained by the defendant is between $1,000 and $1,500

Fraudulent use of a credit card is a misdemeanor offense in all other cases.

Typical Defenses to Credit Card Fraud Charges

  • No intent to commit fraud, or
  • Authorization was given by the credit card holder

What to Do If You're a Victim

1). Report the fraudulent act to a law enforcement agency. In New Hampshire credit card fraud and identity theft can be reported to the Attorney General.

2). Notify your credit card company immediately.

3). Contact the three major credit card bureaus:

Additional Resources

State laws change frequently. For case specific information regarding New Hampshire's credit and debit card fraud laws contact a local consumer protection attorney or criminal defense lawyer.

Next Steps: Search for a Local Attorney

Contact a qualified attorney.