Title 8. Fraud and Related Crimes — Subtitle 2. Credit Card Crimes

“Credit card” means an instrument or device issued by an issuer for the use of a cardholder in obtaining money, goods, services, or anything of value on credit.

“Credit card” includes:

“Credit card” does not include a check, draft, or similar paper instrument.

the conduct may be considered as one violation; and

the value of money, goods, services, or things of value may be aggregated in determining if the crime is a felony or a misdemeanor.

knowing the statement to be false; and

with the intent that the statement be relied on.

A person may not:

A person who violates this subsection is guilty of credit card theft.

A person may not receive a credit card that the person knows was lost, mislaid, or delivered under a mistake as to the identity or address of the cardholder and retain possession of the credit card with the intent to use, sell, or transfer it to another who is not the issuer or the cardholder.

A person who violates this subsection is guilty of credit card theft.

sell a credit card unless the person is the issuer; or

buy a credit card from a person other than the issuer.

credit card theft;

a violation of § 8-203 of this subtitle; or

a violation of subsection (c) of this section.

In this section the following words have the meanings indicated.

“Falsely emboss” means to complete a credit card without the authorization of the issuer named on the credit card by adding any of the matter, other than the signature of the cardholder, that the issuer requires to appear on a credit card before it can be used by a cardholder.

“Falsely make” means:

falsely make a purported credit card;

falsely emboss a credit card; or

transfer or possess:

a credit card obtained or retained in violation of § 8–204 or § 8–205 of this subtitle; or

a credit card that the person knows is counterfeit.

without the consent of the cardholder, that the person is the holder of a specified credit card; or

that the person is the holder of a credit card when the credit card had not been issued.

Except as provided in paragraph (3) of this subsection, if the value of all money, goods, services, and other things of value obtained in violation of this section is at least $100 but less than $1,500, a person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $500 or both.

If the value of all money, goods, services, and other things of value obtained in violation of this section is less than $100, a person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both.

furnish money, goods, services, or anything of value on presentation of:

fail to furnish money, goods, services, or anything of value that the person represents in writing to the issuer that the person has furnished.

Except as provided in paragraph (3) of this subsection, if the value of all money, goods, services, and other things of value furnished or not furnished in violation of this section is at least $100 but less than $1,500, a person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $500 or both.

If the value of all money, goods, services, and other things of value furnished or not furnished in violation of this section is less than $100, a person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both.

Without the consent of the issuer, a person other than the cardholder may not possess an incomplete credit card with the intent to complete it.

A person may not possess, with knowledge of its character, machinery, plates, or any other contrivance designed to reproduce an instrument purporting to be a credit card of an issuer that has not consented to the preparation of the credit card.

Except as provided in paragraph (3) of this subsection, if the value of all money, goods, services, and other things of value obtained in violation of this section is at least $100 but less than $1,500, a person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $500 or both.

If the value of all money, goods, services, and other things of value obtained in violation of this section is less than $100, a person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both.

orally:

in a writing of any kind.

has been issued a credit card number or other payment device number; or

is authorized by the person who has been issued a credit card number or other payment device number to use, disclose, or receive that credit card number or payment device number.

“Holder’s signature” means the signature of a holder in connection with a credit application or credit card transaction.

“Holder’s signature” includes an electronically recorded signature.

“Person” has the meaning stated in § 1–101 of this article.

“Person” includes a business trust, statutory trust, estate, trust, and two or more persons having a joint or common interest.

the person is the holder of the credit card number or payment device number;

the disclosure is made to the holder or issuer of the credit card number or payment device number;

the use or disclosure is:

the disclosure is in connection with an authorization, processing, billing, collection, chargeback, insurance collection, fraud prevention, or credit card or payment device recovery that relates to the credit card number or payment device number, an account accessed by the credit card number or payment account number, a debt for which the holder or a person authorized by the holder gave the credit card number or payment device number for purposes of identification, or a debt or obligation arising, alone or in conjunction with another means of payment, from the use of the credit card number or payment device number;

except as provided in subsection (b) of this section, the disclosure is reasonably necessary in connection with:

the disclosure is made to a consumer reporting agency, as defined in § 14–1201 of the Commercial Law Article;

subject to subsection (d) of this section, whether or not the person is a consumer reporting agency and whether or not the disclosure is a consumer report, the disclosure is made under a circumstance specified in the credit reporting provisions of § 14–1202(a)(3)(i), (ii), (iii), or (iv) of the Commercial Law Article; or

the disclosure is allowed under § 1–303 of the Financial Institutions Article.

Notwithstanding subsection (a)(5)(iii) of this section, a disclosure for marketing purposes may not be made if the holder of an active credit card number or payment device number, other than an encoded credit card number or encoded payment device number, has notified the issuer in writing at an address specified by the issuer, that disclosure for marketing purposes is not allowed.

The issuer shall notify each holder of an active credit card number or payment device number of the nondisclosure option and the specified address on a periodic basis at the issuer’s discretion at least once each year.

The issuer shall comply with the holder’s election within 45 days after receiving the holder’s response.

The election shall remain in effect until the holder rescinds the election or until there have been no debits or credits to the credit card number or payment device number for a 12–month period.

containing the reason that the credit card number or payment device number is required; and

stating that the credit card number or payment device number:

At least 10 days before a proceeding in which the State intends to introduce into evidence an affidavit as provided under this section, the State shall provide written notice to the defendant that the State intends to:

On written demand of a defendant filed at least 5 days before the proceeding described in subsection (a) of this section, the State shall require the presence of the affiant as a prosecution witness.

The Attorney General may institute a civil action against a person who violates this part to recover for the State a civil penalty not exceeding $1,000 for each violation.

For the purposes of this subsection, each prohibited disclosure or use of a credit card number, payment device number, or holder’s signature is an independent violation.