Offenses Involving Fraud or Deception

ORS 165.072
Definitions for ORS 165.072 and 165.074

As used in this section and ORS 165.074 (Unlawful factoring of payment card transaction), unless the context requires otherwise:


“Cardholder” means a person to whom a payment card is issued or a person who is authorized to use the payment card.


“Credit card” means a card, plate, booklet, credit card number, credit card account number or other identifying symbol, instrument or device that can be used to pay for, or to obtain on credit, goods or services.


“Financial institution” means a financial institution as that term is defined in ORS 706.008 (Additional definitions for Bank Act).


“Merchant” means:


An owner or operator of a retail mercantile establishment;


An agent, employee, lessee, consignee, franchisee, officer, director or independent contractor of an owner or operator of a retail mercantile establishment; and


A person who receives what the person believes to be a payment card or information from a payment card from a cardholder as the instrument for obtaining something of value from the person.


“Payment card” means a credit card, charge card, debit card, stored value card or any card that is issued to a person and allows the user to obtain something of value from a merchant.


“Payment card transaction” means a sale or other transaction or act in which a payment card is used to pay for, or to obtain on credit, goods or services.


“Payment card transaction record” means any record or evidence of a payment card transaction, including, without limitation, any paper, sales draft, instrument or other writing and any electronic or magnetic transmission or record.


“Person” does not include a financial institution or its authorized employee, representative or agent.


“Previous conviction” has the meaning given that term in ORS 137.712 (Exceptions to ORS 137.700 and 137.707).


“Reencoder” means an electronic device that places encoded information from one payment card onto another payment card.


“Scanning device” means an electronic device that is used to access, read, scan, obtain, memorize or store, temporarily or permanently, information encoded on a payment card. [1991 c.398 §1; 1997 c.631 §419; 2003 c.383 §1]
Chapter 165

Law Review Citations

51 OLR 427-637 (1972)


Last accessed
Jun. 26, 2021