Does accepting a credit card offer for a fictitious person constitute fraud?

Full question:

A person using a fictious name (fictious person for name does not exist}receives a credit card offer for the fictious person and accepts.He then uses the card and makes monthly payments to the account.Does this become fraud and can it result in a legal arrest without a complaint by the card provider.

  • Category: Debts and Credit
  • Subcategory: Credit Cards
  • Date:
  • State: Florida

Answer:

In Florida, using a fictitious name to obtain a credit card and making payments on that account can be considered fraud. According to Florida law, specifically Fla. Stat. § 817.568, any person who willfully and without authorization fraudulently uses personal identification information, including fictitious names, commits an offense. This is classified as fraudulent use of personal identification information, which can be a felony depending on the circumstances.

If the value of the services received exceeds certain amounts, the penalties increase significantly, potentially leading to mandatory minimum sentences. Even if the credit card company does not file a complaint, law enforcement can initiate an investigation based on the fraudulent activity. Therefore, such actions can indeed lead to legal consequences, including arrest.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

After a credit card fraud investigation, the credit card company will review the findings to determine if fraud occurred. If fraud is confirmed, they may close the account and pursue recovery of any losses. Law enforcement may also take action if criminal activity is involved. Depending on the case, the individual may face criminal charges, which could lead to court proceedings. It's important to cooperate with investigators and provide any requested information to resolve the situation efficiently. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*