Tennessee Criminal Lawyer Blog

Knoxville theft lawyers help clients charged with fraudulent use of a credit card in the East Tennessee area. While theft is the most obvious form of credit card fraud, credit card fraud can occur in multiple ways. A common example occurs when someone uses another’s card number without his or her knowledge. This may be accomplished by different methods. For example, someone could go through trash to find discarded receipts or carbons, and then use the account number. A dishonest clerk at any store could make an extra imprint from the credit or charge card and use it to make personal charges.

Although there are certain federal laws forbidding this behavior, the states also have their independent credit fraud laws. According to Tennessee law, a person commits the crime of illegal possession of a credit or debit card who, knowing the person does not have the consent of the owner or issuer, takes, exercises control over or otherwise uses that card or information from that card.

A person commits the crime of fraudulent use of a credit or debit card who uses, or allows to be used, a credit or debit card or information from such card, for the purpose of obtaining property, credit, services or anything else of value with knowledge that:

• The card is forged or stolen;
• The card has been revoked or cancelled;
• The card has expired and the person uses the card with fraudulent intent; or
• For any other reason the use of the card is unauthorized by either the issuer or the person to whom the credit or debit card is issued. Tenn. Code Ann. § 39-14-118 (2007).

Fraudulent use of a credit or debit card is punishable as theft depending on the amount of property, credit, goods or services obtained. The grading for theft in Tennessee is as follows:

• A Class A misdemeanor if the value of the property or services obtained is five hundred dollars ($500) or less;
• A Class E felony if the value of the property or services obtained is more than five hundred dollars ($500) but less than one thousand dollars ($1,000);
• A Class D felony if the value of the property or services obtained is one thousand dollars ($1,000) or more but less than ten thousand dollars ($10,000);
• A Class C felony if the value of the property or services obtained is ten thousand dollars ($10,000) or more but less than sixty thousand dollars ($60,000); and
• A Class B felony if the value of the property or services obtained is sixty thousand dollars ($60,000) or more.

If no property, credit, goods, or services are actually received or obtained, illegal possession or fraudulent use of a credit card is a Class B misdemeanor. If you or someone you know is charged with credit card fraud, contact a Tennessee theft attorney. Our office handles theft charges in Knoxville, Sevierville, Chattanooga, Loudon, Johnson City, Newport, and Maryville.