In this subtitle the following words have the meanings indicated. “Cardholder” means the person named on the face of a credit card to whom or for whose benefit the credit card is issued by an issuer. “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: a debit card, access card, or other device for use by a cardholder to effect a transfer of funds through an electronic terminal, telephone, or computer; a magnetic tape that orders or authorizes a financial institution to debit or credit an account; and a code, account number, or other means of account access that is not encoded or truncated and can be used to: obtain money, goods, services, or anything of value; or initiate a transfer of funds. “Credit card” does not include a check, draft, or similar paper instrument. “Issuer” means a business organization or financial institution that issues a credit card or the authorized agent of the business organization or financial institution.

If a person violates §§ 8-203 through 8-209 of this subtitle as part of one scheme or a continuing course of conduct, from the same or several sources: 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. Sections 8-203 through 8-209 of this subtitle may not be construed to preclude the applicability of any other provision of the criminal law of this State that applies or may apply to any transaction that violates §§ 8-203 through 8-209 of this subtitle, unless that provision is inconsistent with §§ 8-203 through 8-209 of this subtitle.

A person may not make or cause to be made, directly or indirectly, a false statement in writing about the identity of the person or of another to procure the issuance of a credit card: knowing the statement to be false; and with the intent that the statement be relied on. A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 18 months or a fine not exceeding $500 or both.

A person may not: take a credit card from another, or from the possession, custody, or control of another without the consent of the cardholder; or with knowledge that a credit card has been taken under the circumstances described in item (i) of this paragraph, receive the credit card with the intent to use it or 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. 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. A person may not: sell a credit card unless the person is the issuer; or buy a credit card from a person other than the issuer. A person other than the issuer may not receive a credit card that the person knows was taken or retained under circumstances that constitute: credit card theft; a violation of § 8-203 of this subtitle; or a violation of subsection (c) of this section. A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 18 months or a fine not exceeding $500 or both.

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: to make or draw, wholly or partly, a device or instrument that purports to be a credit card but that is not a credit card because an issuer did not authorize the making or drawing; or to alter a credit card that was validly issued. A person may not, with the intent to defraud another: falsely make a purported credit card; falsely emboss a credit card; or transfer or possess: a falsely made instrument or device that purports to be a credit card, with knowledge that the instrument or device was falsely made; or a falsely embossed credit card with knowledge that the credit card was falsely made or falsely embossed. A person other than the cardholder or one authorized by the cardholder may not sign a credit card with the intent to defraud another. A person who violates this section is guilty of the felony of credit card counterfeiting and on conviction is subject to imprisonment not exceeding 15 years or a fine not exceeding $1,000 or both.

A person may not for the purpose of obtaining money, goods, services, or anything of value, and with the intent to defraud another, use: 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. A person may not, with the intent to defraud another, obtain money, goods, services, or anything of value by representing: 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. If the value of all money, goods, services, and other things of value obtained in violation of this section is at least $1,500 but less than $25,000, a person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both. If the value of all money, goods, services, and other things of value obtained in violation of this section is at least $25,000 but less than $100,000, a person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $15,000 or both. If the value of all money, goods, services, and other things of value obtained in violation of this section is $100,000 or more, a person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years or a fine not exceeding $25,000 or both. 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.

If a person is authorized by an issuer to furnish money, goods, services, or anything of value on presentation of a credit card by the cardholder, the person or an agent or employee of the person may not, with the intent to defraud the issuer or cardholder: furnish money, goods, services, or anything of value on presentation of: 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; or fail to furnish money, goods, services, or anything of value that the person represents in writing to the issuer that the person has furnished. 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 $1,500 but less than $25,000, a person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 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 at least $25,000 but less than $100,000, a person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $15,000 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 $100,000 or more, a person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years or a fine not exceeding $25,000 or both. 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.

In this section, “incomplete credit card” means a credit card that lacks any stamped, embossed, imprinted, or written matter, other than the signature of the cardholder, that an issuer requires to appear on a credit card before a cardholder can use the credit card. 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. A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 15 years or a fine not exceeding $1,000 or both.

A person may not receive money, goods, services, or anything of value if the person knows or believes that the money, goods, services, or other thing of value was obtained in violation of § 8–206 of this subtitle. If the value of all money, goods, services, and other things of value obtained in violation of this section is at least $1,500 but less than $25,000, a person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both. If the value of all money, goods, services, and other things of value obtained in violation of this section is at least $25,000 but less than $100,000, a person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $15,000 or both. If the value of all money, goods, services, and other things of value obtained in violation of this section is $100,000 or more, a person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years or a fine not exceeding $25,000 or both. 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.

In this section, “publish” means to communicate information to one or more persons: orally: in person; or by telephone, radio, or television; or in a writing of any kind. A person may not publish or cause to be published the number or code of an existing, canceled, revoked, expired, or nonexistent telephone credit card, or the numbering or coding system that is used in issuing telephone credit cards, with the intent that the number, code, or system be used or with knowledge that it may be used fraudulently to avoid paying a lawful toll charge. A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 12 months or a fine not exceeding $500 or both.

It is not a defense to a crime under § 8-206, § 8-207, or § 8-209 of this subtitle involving money, goods, services, and other things of value with a value not exceeding $100 that the value of the money, goods, services, and other things of value at issue is more than $100. Unless specifically charged by the State, a violation of § 8-206, § 8-207, or § 8-209 of this subtitle involving money, goods, services, and other things of value with a value not exceeding $100, may not be considered a lesser included crime of any other crime.

In this part the following words have the meanings indicated. “Authorized use, disclosure, or receipt” means any use, disclosure, or receipt necessary to accomplish the specific purpose for which the person issued a credit card number or payment device number, or granted to another the right to use, disclose, or receive the credit card number or other payment device number. “Holder” means a person who: 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. “Payment device number” means a code, account number, or other means of account access, other than a check, draft, or similar paper instrument, that can be used to obtain money, goods, services, or anything of value, or for purposes of initiating a transfer of funds. “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.

A person may not use or disclose any credit card number or other payment device number or holder’s signature unless: 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: required under federal or State law; at the direction of a governmental unit in accordance with law; or in response to the order of a court having jurisdiction to issue the order; 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 sale or pledge, or negotiation of the sale or pledge, of any portion of a business or the assets of a business; the management, operation, or other activities involving the internal functioning of the person making the disclosure; or the management, operation, or other activities involving disclosures between a corporation and its subsidiaries or controlled affiliates or between the subsidiaries or the controlled affiliates; 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. A disclosure for marketing purposes may not be made if the holder of an active credit card number or payment device number has prohibited the issuer in writing at the issuer’s address from using the card or number for marketing purposes. 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. Notwithstanding subsection (a)(7) of this section, and except as provided in § 14–1202(a)(3)(i) of the Commercial Law Article, a person may not furnish a report containing a credit card number or payment device number before receiving an individual written, electronic, or other tangible record of a certification from the requestor: 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: cannot be obtained under a circumstance specified under this part or Title 14 of the Commercial Law Article; or is needed for security, or loss or fraud prevention purposes.

In a criminal case or juvenile proceeding involving a violation of § 8–204, § 8–205, § 8–206, § 8–207, § 8–208, § 8–209, § 8–210, or § 8–214 of this subtitle or § 8–301 of this title, an affidavit sworn to by a lawful credit cardholder may be introduced as substantive evidence that the credit card or credit card number was taken, used, or possessed without the authorization of the credit cardholder. 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: rely on the affidavit; and introduce the affidavit into evidence at the proceeding. 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.

A person who violates this part is guilty of a felony and on conviction is subject to imprisonment not exceeding 15 years or a fine not exceeding $1,000 or both.

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. The Attorney General may seek an injunction in a civil action to prohibit a person who has engaged or is engaged in a violation of this part from engaging in the violation.