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Credit Card Fraud in Florida: Laws, Identity Theft Penalties and Hiring a Lawyer
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Credit Card Fraud in Florida: Laws, Identity Theft Penalties and Hiring a Lawyer
Credit card fraud is a big problem here in Florida. I want to have a real talk with you about what credit card fraud is, how it happens, the laws we have to deal with it, and what to do if you get caught up in it all. Let’s start with the basics.
What is Credit Card Fraud?
When someone uses a credit card or credit card number without permission to make purchases or get cash – that’s credit card fraud. It’s a type of theft and identity theft crime.There’s a few ways fraudsters get the card info they need:
- They can steal a physical credit card out of your wallet or purse
- They can skim your card at a gas station, restaurant, or store
- They hack into a store’s payment system and steal card numbers
- They can steal mail or garbage to get card statements
- They can use phishing emails or calls to trick you into giving them your card info
Once they have your card number, expiration date, and security code, they can use the card online, over the phone, or print up a fake plastic card to use in stores.Credit card fraud is a big deal – in 2021 over $6 billion was lost to this type of fraud just in the U.S.!
And Florida had the 2nd most cases that year.
How Does Credit Card Fraud Happen in Florida?
Florida’s a hot spot for credit card fraud for a few reasons. First, we’re a huge tourism state – lots of travelers means lots of targets passing through. Fraudsters set up skimmers at gas stations, hotels, theme parks, you name it.South Florida also has major ports where fraud rings smuggle in blank credit cards and equipment to make fake ones. Our state is just a good base of operations for scammers and identity thieves of all kinds.Some common scams are:
- Skimming devices at ATMs, gas stations, and other card readers that steal your card number. Watch out for devices that look added onto the real card reader!
- Imposter fraud where someone pretends to be from your credit card company, bank, or tech support to get your card number and info. Hang up and call the company directly if you’re ever unsure.
- Fake rental or job listings that ask you to send money or a deposit via wire transfer or gift cards. Never send money to someone you don’t know!
- Phishing emails with malicious links asking you to “verify” your account. Go directly to the company site instead of clicking links.
- Dumpster diving for documents with account numbers, social security numbers, or other personal info. Shred before you trash sensitive docs!
Florida Laws on Credit Card Fraud
There’s a few laws in Florida that apply to credit card fraud and identity theft crimes:
Florida Credit Card Crime Act
This law covers the fraudulent use of credit cards, debit cards, ATM cards, gas cards, and retail store cards. Penalties depend on how many times the card was illegally used.
- Less than 2 times in 6 months and less than $100 value = 1st degree misdemeanor
- 2+ times in 6 months or $100-$20,000 value = 3rd degree felony
- $20,000 or more = 2nd degree felony
- 30+ people’s info = 1st degree felony
Florida Communications Fraud Act
Covers identity theft, credit card fraud, and other theft using electronic communications like the Internet or telephone. It’s a 3rd degree felony.
Federal Laws
The main federal law is the Identity Theft and Assumption Deterrence Act. It covers identity theft and fraud in all forms. Penalties can include:
- Up to