Offenses Involving Fraud or Deception

ORS 165.074
Unlawful factoring of payment card transaction


(1)

A person commits the crime of unlawful factoring of a payment card transaction if the person intentionally or knowingly:

(a)

Presents to or deposits with, or causes another to present to or deposit with, a financial institution for payment a payment card transaction record that is not the result of a payment card transaction between the cardholder and the person;

(b)

Employs, solicits or otherwise causes a merchant to present to or deposit with a financial institution for payment a payment card transaction record that is not the result of a payment card transaction between the cardholder and the merchant;

(c)

Employs, solicits or otherwise causes another to become a merchant for purposes of engaging in conduct made unlawful by this section;

(d)

Uses a scanning device to access, read, scan, obtain, memorize or store information encoded on a payment card:

(A)

Without the permission of the cardholder; or

(B)

With the intent to defraud another person; or

(e)

Uses a reencoder to place encoded information from one payment card onto another payment card:

(A)

Without the permission of the cardholder of the payment card from which encoded information is being taken; or

(B)

With the intention to defraud another person.

(2)

Unlawful factoring of a payment card transaction is a Class C felony.

(3)

Notwithstanding subsection (2) of this section, unlawful factoring of a payment card transaction is a Class B felony if the person has one or more previous convictions under this section. [1991 c.398 §2; 2003 c.383 §2]
Chapter 165

Law Review Citations

51 OLR 427-637 (1972)


Source

Last accessed
Jun. 26, 2021