Oregon Statutes 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:
Attorney's Note
Under the Oregon Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class B felony | up to 10 years | up to $250,000 |
| Class C felony | up to 5 years | up to $125,000 |
Terms Used In Oregon Statutes 165.074
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(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]
BUSINESS AND COMMERCIAL OFFENSES