Fraudulent Use of Credit or Debit Card Info

Think using someone else’s card just once isn’t a big deal? Think again.

In Texas, even possessing credit or debit card information without permission can land you in serious legal trouble. Whether it’s a misunderstanding, a digital misstep, or a more complex situation, the law doesn’t leave much room for error. Here’s what you need to know before one charge becomes a life-altering felony.

What Counts as Fraudulent Use of Credit or Debit Card Info in Texas?

Under Texas Penal Code § 32.31, the fraudulent use of cards includes much more than physically stealing someone’s card. Even accessing or using debit card account or credit card account information without consent can result in criminal charges.

Here’s what the law criminalizes:

• Using a credit card or debit card that was lost or stolen, expired, revoked, or forged
• Possessing two or more unauthorized cards not present (meaning not physically present) or card numbers with intent to defraud
• Making purchases knowing you weren’t authorized to use the card
• Accepting goods or services paid for with a stolen card
• Buying or selling cards or personal information linked to someone else’s account

Even if you didn’t complete a transaction or profit from it, intent to defraud is enough to trigger prosecution.

Common Examples of Fraudulent Use of Cards

Texas courts see all types of credit card fraud, from basic misuse to organized theft. Common examples include:

• Using a roommate’s or ex’s saved card for a delivery order without asking
• Buying a list of stolen cards or account info online (even if you never used it)
• Finding a lost or stolen card and swiping it for groceries
• Helping someone redeem gift cards bought through fraudulent transactions
• Accepting payments for goods or services with suspicious credit card information

These crimes don’t always look dramatic. In many cases, fraudulent use of credit or debit card info starts with small purchases or digital access especially when cards not present are involved.

How Do Prosecutors Prove Fraud in These Cases?

To convict someone, the state must prove the accused:

• Knowingly used someone else’s credit card information without effective consent.
• Intended to benefit themselves through that use.
• Acted alone or as part of a broader account takeover or fraud scheme.

Evidence often comes from:

• Store surveillance and security footage
• Device data and online purchase logs
• Credit card statements showing unusual activity
• Bank fraud alerts and customer complaints
• Recorded phone calls, texts, or chats
• Testimony from the account holder or merchant

Even if someone else committed the transaction, prosecutors may argue you assisted or had personal information tied to the credit card account, making you part of the fraud.

Penalties for Fraudulent Use of Credit or Debit Card Info in Texas

Texas penalizes based on how many times the credit card or debit information was used fraudulently—not the dollar amount.

It doesn’t matter how much was stolen. Using a card for ten $1 purchases can result in the same charge as one $1,000 transaction.

And if you’re caught with card info (not the card itself), under Texas Penal Code § 32.315, the penalties are just as severe, especially if prosecutors can prove intent to commit fraud.

Differences Between State and Federal Charges

While most fraud cases are handled by the state, the federal government steps in if:

• Transactions across state lines (online orders, digital services).
• There’s a connection to mail fraud, wire fraud, or identity theft.
• The fraud affects card issuers nationally or government accounts (like EBT cards).
• The scale or method involves multiple people or locations.

Federal cases often involve the Federal Trade Commission (FTC), FBI, or Secret Service. These cases carry longer prison terms and stricter sentencing guidelines.

For example, if a fraud scheme involved multiple phone calls, fake applications, or synthetic identities, you could face charges in federal court even if it started in Texas.

Arrested? Don’t Plea, Call Me!

Being charged with the fraudulent use of credit or debit card info can flip your life upside down. These laws are aggressively enforced, and both Texas and federal courts prosecute hard. But a charge isn’t a conviction especially when you have the right legal defense.

At Texas Criminal Defense Group, our theft lawyers know how these laws are used and misused. Whether you’re facing charges for credit card or debit fraud, accused of sharing personal information, or linked to a broader scheme, our attorneys are ready to dig into the facts and fight back.

We don’t do guesswork, we build strategic defenses based on experience, facts, and how prosecutors actually think.