2010 Illinois Code
CHAPTER 720 CRIMINAL OFFENSES
720 ILCS 250/ Illinois Credit Card and Debit Card Act.

    (720 ILCS 250/1) (from Ch. 17, par. 5901)
    Sec. 1. This Act shall be known and may be cited as the "Illinois Credit Card and Debit Card Act".
(Source: P.A. 84‑486.)

    (720 ILCS 250/2) (from Ch. 17, par. 5902)
    Sec. 2. As used in this Act, unless the context otherwise requires, the terms defined in Sections 2.01 through 2.16 shall have the meanings ascribed to them in those Sections.
(Source: P.A. 84‑486.)

    (720 ILCS 250/2.01) (from Ch. 17, par. 5903)
    Sec. 2.01. "Altered credit card or debit card" means any instrument or device, whether known as a credit card or debit card, which has been changed in any respect by addition or deletion of any material, except for the signature by the person to whom the card is issued.
(Source: P.A. 84‑486.)

    (720 ILCS 250/2.02) (from Ch. 17, par. 5904)
    Sec. 2.02. "Cardholder" means the person or organization named on the face of a credit card or debit card to whom or for whose benefit the credit card or debit card is issued by an issuer.
(Source: P.A. 84‑486.)

    (720 ILCS 250/2.03) (from Ch. 17, par. 5905)
    Sec. 2.03. "Credit card" means any instrument or device, whether known as a credit card, credit plate, charge plate or any other name, issued with or without fee by an issuer for the use of the cardholder in obtaining money, goods, services or anything else of value on credit or in consideration or an undertaking or guaranty by the issuer of the payment of a check drawn by the cardholder.
(Source: P. A. 78‑777.)

    (720 ILCS 250/2.04) (from Ch. 17, par. 5906)
    Sec. 2.04. "Counterfeit" means to manufacture, produce or create, by any means, a credit card or debit card without the purported issuer's consent or authorization.
(Source: P.A. 84‑486.)

    (720 ILCS 250/2.05) (from Ch. 17, par. 5907)
    Sec. 2.05. "Expired credit card or debit card" means a credit card or debit card which is no longer valid because the term on it has elapsed.
(Source: P.A. 84‑486.)

    (720 ILCS 250/2.06) (from Ch. 17, par. 5908)
    Sec. 2.06. "Incomplete credit card or debit card" means a credit card or debit card which is missing part of the matter other than the signature of the cardholder which an issuer requires to appear on the credit card or debit card before it can be used by a cardholder, and this includes credit cards or debit cards which have not been stamped, embossed, imprinted or written on.
(Source: P.A. 84‑486.)

    (720 ILCS 250/2.07) (from Ch. 17, par. 5909)
    Sec. 2.07. "Intent to defraud" means an intention to wrongfully cause another to assume, create, transfer, alter or terminate any right, obligation or power with reference to any person or property.
(Source: P. A. 78‑777.)

    (720 ILCS 250/2.08) (from Ch. 17, par. 5910)
    Sec. 2.08. "Issuer" means the business organization or financial institution which issues a credit card or debit card, or its duly authorized agent.
(Source: P.A. 84‑486.)

    (720 ILCS 250/2.09) (from Ch. 17, par. 5911)
    Sec. 2.09. "Person" means any individual, corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership or association or any other entity.
(Source: P. A. 78‑777.)

    (720 ILCS 250/2.10)(from Ch. 17, par. 5912)
    Sec. 2.10. "Receives" or "receiving" means acquiring possession or control.
(Source: P.A. 78‑777.)

    (720 ILCS 250/2.11) (from Ch. 17, par. 5913)
    Sec. 2.11. "Record of charge form" means any document submitted or intended to be submitted to an issuer as evidence of a credit transaction for which the issuer has agreed to reimburse persons providing money, goods, property, services or other things of value.
(Source: P. A. 78‑777.)

    (720 ILCS 250/2.12) (from Ch. 17, par. 5914)
    Sec. 2.12. "Revoked credit card or debit card" means a credit card or debit card which is no longer valid because permission to use it has been suspended or terminated by the issuer.
(Source: P.A. 84‑486.)

    (720 ILCS 250/2.13)(from Ch. 17, par. 5915)
    Sec. 2.13. "Sale" means any delivery for value.
(Source: P.A. 78‑777.)

    (720 ILCS 250/2.14) (from Ch. 17, par. 5915.1)
    Sec. 2.14. "Electronic fund transfer terminal" means any machine or device that, when properly activated, will perform any of the following services:
    (a) Dispense money as a debit to the cardholder's account; or
    (b) Print the cardholder's account balances on a statement; or
    (c) Transfer funds between a cardholder's accounts; or
    (d) Accept payments on a cardholder's loan; or
    (e) Dispense cash advances on an open end credit or a revolving charge agreement; or
    (f) Accept deposits to a customer's account; or
    (g) Receive inquiries of verification of checks and dispense information that verifies that funds are available to cover such checks; or
    (h) Cause money to be transferred electronically from a cardholder's account to an account held by any business, firm, retail merchant, corporation, or any other organization.
(Source: P.A. 84‑486.)

    (720 ILCS 250/2.15) (from Ch. 17, par. 5915.2)
    Sec. 2.15. "Debit card" means any instrument or device, known by any name, issued with or without fee by an issuer for the use of the cardholder in obtaining money, goods, services, and anything else of value, payment of which is made against funds previously deposited by the cardholder. A debit card which also can be used to obtain money, goods, services and anything else of value on credit shall not be considered a debit card when it is being used to obtain money, goods, services or anything else of value on credit.
(Source: P.A. 84‑486.)

    (720 ILCS 250/2.16) (from Ch. 17, par. 5915.3)
    Sec. 2.16. "Electronic funds transfer system", hereafter referred to as "EFT System," means that system whereby funds are transferred electronically from a cardholder's account to any other account.
(Source: P.A. 84‑486.)

    (720 ILCS 250/3) (from Ch. 17, par. 5916)
    Sec. 3. A person who makes or causes to be made, either directly or indirectly, any false statement in writing, knowing it to be false and with intent that it be relied on, respecting his identity, his address or his employment, or that of any other person, firm or corporation, for the purpose of procuring the issuance of a credit card or debit card, is guilty of a Class 4 felony.
(Source: P.A. 90‑189, eff. 1‑1‑98.)

    (720 ILCS 250/4) (from Ch. 17, par. 5917)
    Sec. 4. A person who receives a credit card or debit card from the person, possession, custody or control of another without the cardholder's consent or who, with knowledge that it has been so acquired receives the credit card or debit card, with intent to use it or to sell it, or to transfer it to a person other than the issuer or the cardholder is guilty of a Class 4 felony. A person who has in his possession or under his control 2 or more such credit cards or debit cards each issued to different cardholders other than himself is presumed to have violated this Section.
    A person who, in any 12‑month period, violates this Section with respect to 3 or more credit cards or debit cards each issued to different cardholders other than himself is guilty of a Class 3 felony.
(Source: P.A. 90‑189, eff. 1‑1‑98.)

    (720 ILCS 250/5) (from Ch. 17, par. 5918)
    Sec. 5. A person who receives a credit card or debit card that he knows to have been lost or mislaid and who retains possession with intent to use it or to sell it or to transfer it to a person other than the issuer or the cardholder is guilty of a Class 4 felony.
    A person who, in a single transaction, violates this Section with respect to 3 or more credit cards or debit cards each issued to different cardholders other than himself is guilty of a Class 3 felony.
(Source: P.A. 90‑189, eff. 1‑1‑98.)

    (720 ILCS 250/6) (from Ch. 17, par. 5919)
    Sec. 6. A person other than the issuer who sells a credit card or debit card, without the consent of the issuer, is guilty of a Class 4 felony.
    A person who purchases a credit card or debit card from a person other than the issuer, without the consent of the issuer, is guilty of a Class 4 felony.
    A person who, in a single transaction, makes a sale or purchase prohibited by this Section with respect to 3 or more credit cards or debit cards each issued to different cardholders is guilty of a Class 3 felony.
(Source: P.A. 90‑189, eff. 1‑1‑98.)

    (720 ILCS 250/7) (from Ch. 17, par. 5920)
    Sec. 7. A person who, with intent to defraud either the issuer, or a person providing money, goods, property, services or anything else of value, or any other person, obtains control over a credit card or debit card as security for debt or transfers, conveys or gives control over a credit card or debit card as security for debt, is guilty of a Class 4 felony.
(Source: P.A. 90‑189, eff. 1‑1‑98.)

    (720 ILCS 250/8) (from Ch. 17, par. 5921)
    Sec. 8. A person who, with intent to defraud either the issuer, or a person providing money, goods, property, services or anything else of value, or any other person, (i) uses, for the purpose of obtaining money, goods, property, services or anything else of value a credit card or debit card obtained or retained in violation of this Act or without the cardholder's consent, or a credit card or debit card which he knows is counterfeited, or forged, or expired, or revoked, or (ii) obtains or attempts to obtain money, goods, property, services or anything else of value by representing without the consent of the cardholder that he is the holder of a specified card or by representing that he is the holder of a card and such card has not in fact been issued, is guilty of a Class 4 felony if the value of all money, goods, property, services and other things of value obtained or sought in violation of this Section does not exceed $300 in any 6‑month period; and is guilty of a Class 3 felony if such value exceeds $300 in any 6‑month period. Knowledge of revocation shall be presumed to have been received by a cardholder 4 days after it has been mailed to him at the address set forth on the credit card or debit card or at his last known address by registered or certified mail, return receipt requested, and, if the address is more than 500 miles from the place of mailing, by air mail. If the address is located outside the United States, Puerto Rico, the Virgin Islands, the Canal Zone and Canada, notice shall be presumed to have been received 10 days after mailing by registered or certified mail.
(Source: P.A. 90‑189, eff. 1‑1‑98.)

    (720 ILCS 250/9) (from Ch. 17, par. 5922)
    Sec. 9. A cardholder who uses a credit card or debit card issued to him or allows another person to use a credit card or debit card issued to him with intent to defraud the issuer, or a person providing money, goods, property, services or anything else of value, or any other person, is guilty of a Class A misdemeanor if the value of all money, goods, property, services or other things of value does not exceed $150 in any 6‑month period; and is guilty of a Class 4 felony if the value exceeds $150 in any 6‑month period.
(Source: P.A. 84‑486.)

    (720 ILCS 250/10) (from Ch. 17, par. 5923)
    Sec. 10. A person who is authorized by an issuer to furnish money, goods, property, services or anything else of value upon presentation of a credit card or debit card by the cardholder, or any agent or employee of such person, who, with intent to defraud the issuer or the cardholder, furnishes money, goods, property, services or anything else of value upon presentation of a credit card or debit card obtained or retained in violation of this Act or a credit card or debit card which he knows is counterfeited, or forged, or expired, or revoked is guilty of a Class A misdemeanor, if the value furnished in violation of this Section does not exceed $150 in any 6‑month period; and is guilty of a Class 4 felony if such value exceeds $150 in any 6‑month period.
(Source: P.A. 84‑486.)

    (720 ILCS 250/11) (from Ch. 17, par. 5924)
    Sec. 11. A person who is authorized by an issuer to furnish money, goods, property, services or anything else of value upon presentation of a credit card or debit card by the cardholder, or any agent or employee of such person, who, with intent to defraud the issuer or the cardholder, fails to furnish money, goods, property, services or anything else of value which he represents in writing to the issuer that he has furnished is guilty of a Class A misdemeanor if the difference between the value of all money, goods, property, services and anything else of value actually furnished and the value represented to the issuer to have been furnished does not exceed $150 in any 6‑month period; and is guilty of a Class 4 felony if such difference exceeds $150 in any 6‑month period.
(Source: P.A. 84‑486.)

    (720 ILCS 250/12) (from Ch. 17, par. 5925)
    Sec. 12. A person who, with intent to defraud either an issuer, or a person providing money, goods, property, services or anything else of value, or any other person, utilizes an account number or code or enters information on a record of charge form for the purpose of obtaining money, goods, property, services or anything else of value is guilty of a Class 4 felony if the value of the money, goods, property, services and other things of value obtained does not exceed $150 in any 6‑month period; and is guilty of a Class 3 felony if such value exceeds $150 in any 6‑month period.
    A person who, with intent to defraud either an issuer or a person providing money, goods, property, services or anything else of value, or any other person, possesses, without the consent of the issuer or purported issuer, record of charge forms bearing the printed impression of a credit card or debit card, is guilty of a Class 4 felony. Possession of such record of charge forms by a person other than the issuer or a person authorized by the issuer to possess record of charge forms is prima facie evidence of the intent to defraud.
(Source: P.A. 90‑189, eff. 1‑1‑98.)

    (720 ILCS 250/13) (from Ch. 17, par. 5926)
    Sec. 13. A person who receives money, goods, property, services or anything else of value obtained in violation of this Act, knowing that it was so obtained or under such circumstances as would reasonably induce him to believe that it was so obtained is guilty of a Class A misdemeanor if the value of all money, goods, property, services and other things of value obtained does not exceed $150 in any 6‑month period; and is guilty of a Class 4 felony if the value exceeds $150 in any 6‑month period.
(Source: P. A. 78‑777.)

    (720 ILCS 250/14) (from Ch. 17, par. 5927)
    Sec. 14. A person other than the cardholder or a person authorized by him who, with intent to defraud either the issuer, or a person providing money, goods, property, services or anything else of value, or any other person, signs a credit card or debit card is guilty of a Class A misdemeanor.
(Source: P.A. 84‑486.)

    (720 ILCS 250/15) (from Ch. 17, par. 5928)
    Sec. 15. A person who, with intent to defraud either a purported issuer, or a person providing money, goods, property, services or anything else of value, or any other person, alters a credit card or debit card or a purported credit card or debit card, or possesses a credit card or debit card or a purported credit card or debit card with knowledge that the same has been altered, is guilty of a Class 4 felony. The possession by a person other than the issuer of 2 or more credit cards or debit cards which have been altered is prima facie evidence that the person intended to defraud or that he knew the credit cards or debit cards to have been so altered.
(Source: P.A. 84‑486.)

    (720 ILCS 250/16)(from Ch. 17, par. 5929)
    Sec. 16. A person who, with intent to defraud either a purported issuer, or a person providing money, goods, property, services or anything else of value, or any other person, counterfeits a purported credit card or debit card or possesses a purported credit card or debit card with knowledge that the card has been counterfeited, is guilty of a Class 3 felony. The possession by a person other than the purported issuer of 2 or more credit cards or debit cards which have been counterfeited is prima facie evidence that that person intended to defraud or that he knew the credit cards or debit cards to have been so counterfeited.
(Source: P.A. 84‑486.)

    (720 ILCS 250/17) (from Ch. 17, par. 5930)
    Sec. 17. A person other than the cardholder possessing an incomplete credit card or debit card, with intent to complete it without the consent of the issuer or a person possessing, with knowledge of its character, machinery, plates or any other contrivance designed to reproduce instruments purporting to be credit cards or debit cards of an issuer who has not consented to the preparation of such credit cards or debit cards, is guilty of a Class 3 felony. A person other than the cardholder or issuer who possesses 2 or more incomplete credit cards or debit cards is presumed to possess those cards without the consent of the issuer.
(Source: P.A. 84‑486.)

    (720 ILCS 250/17.01) (from Ch. 17, par. 5930.1)
    Sec. 17.01. Prohibited deposits. (a) A person who, with intent to defraud the issuer or any person providing value or any other person, deposits into his account or any account, via an electronic fund transfer terminal, a check, draft, money order, or any other such document, knowing such document to be false, fictitious, forged, altered, counterfeit, or not his lawful or legal property, violates this subsection (a) and is guilty of a Class 4 felony.
    (b) A person who receives value as a result of a false, fictitious, forged, altered, or counterfeit check, draft, money order or any other such document having been deposited into an account via an electronic fund transfer terminal, knowing at the time of receipt of the value that the document so deposited was false, fictitious, forged, altered, counterfeit or not his lawful or legal property, violates this subsection (b) and is guilty of a Class 4 felony.
(Source: P.A. 84‑486.)

    (720 ILCS 250/17.02) (from Ch. 17, par. 5930.2)
    Sec. 17.02. Fraudulent use of electronic transmission. (a) Any person who, with intent to defraud the issuer, the cardholder or any other person, intercepts, taps or alters electronic information between an electronic fund transfer terminal and the issuer, or originates electronic information to an electronic fund transfer terminal or to the issuer, via any line, wire or any other means of electronic transmission, at any junction, terminal, or device, or at any location within the EFT System, for the purpose of obtaining value, violates this subsection (a) and is guilty of a Class 4 felony.
    (b) Any person who, with intent to defraud the issuer, cardholder, or any other person, intercepts, taps or alters electronic information between an electronic fund transfer terminal and the issuer, or originates electronic information to an electronic fund transfer terminal or to the issuer, via any line, wire or other means of electronic transmission, at any junction, terminal, or device, or at any location within the EFT System, and thereby causes funds to be transferred from one account to any other account, violates this subsection (b) and is guilty of a Class 4 felony.
(Source: P.A. 84‑486.)

    (720 ILCS 250/17.03) (from Ch. 17, par. 5930.3)
    Sec. 17.03. Payment of charges without the furnishing of money, goods, services, or anything of value.
    (a) No person shall process, deposit, negotiate, or obtain payment of a credit card charge through a retail seller's account with a financial institution or through a retail seller's agreement with a financial institution, card issuer, or organization of financial institutions or card issuers if that retail seller did not furnish or agree to furnish the money, goods, services, or anything of value that is the subject of the credit card charge.
    (b) No retail seller shall permit any person to process, deposit, negotiate, or obtain payment of a credit card charge through the retail seller's account with a financial institution or the retail seller's agreement with a financial institution, card issuer, or organization of financial institutions or card issuers if that retail seller did not furnish or agree to furnish the money, goods, services, or anything of value that is the subject of the credit card charge.
    (c) Subsections (a) and (b) do not apply to any of the following:
        (1) A person who furnishes goods or services on the
     business premises of a general merchandise retail seller and who processes, deposits, negotiates, or obtains payment of a credit card charge through that general merchandise retail seller's account or agreement.
        (2) A general merchandise retail seller who permits
     a person described in paragraph (1) to process, deposit, negotiate, or obtain payment of a credit card charge through that general merchandise retail seller's account or agreement.
        (3) A franchisee who furnishes the cardholder with
     money, goods, services, or anything of value that is provided in whole or in part by the franchisor and who processes, deposits, negotiates, or obtains payment of a credit card charge through that franchisor's account or agreement.
        (4) A franchisor who permits a franchisee described
     in paragraph (3) to process, deposit, negotiate, or obtain payment of a credit card charge through that franchisor's account or agreement.
        (5) The credit card issuer or a financial
     institution or a parent, subsidiary, or affiliate of the card issuer or financial institution.
        (6) A person who processes, deposits, negotiates, or
     obtains payment of less than $500 of credit card charges in any one year period through a retail seller's account or agreement. The person shall have the burden of producing evidence that the person transacted less than $500 in credit card charges during any one year period.
        (7) A telecommunications carrier that includes
     charges of other parties in its billings to its subscribers and those other parties whose charges are included in the billings of the telecommunications carrier to its subscribers.
    (d) Any person injured by a violation of this Section may bring an action for the recovery of damages, equitable relief, and reasonable attorney's fees and costs.
    (e) Any person who violates this Section is guilty of a business offense and shall be fined $10,000 for each offense. Each occurrence in which a person processes, deposits, negotiates, or otherwise seeks to obtain payment of a credit card charge in violation of subsection (a) constitutes a separate offense.
    (f) The penalties and remedies provided in this Section are in addition to any other remedies or penalties provided by law.
    (g) As used in this Section:
        (1) "Retail seller" has the same meaning as in
     Section 2.4 of the Retail Installment Sales Act.
        (2) "Franchisor" and "franchisee" have the same
     meanings as in Section 3 of the Franchise Disclosure Act of 1987.
        (3) "Telecommunications carrier" has the same
     meaning as in Section 13‑202 of the Public Utilities Act.
(Source: P.A. 87‑1150.)

    (720 ILCS 250/18) (from Ch. 17, par. 5931)
    Sec. 18. When this Act establishes a presumption with respect to any fact which is an element of a crime, it has the following consequences:
    (a) when there is sufficient evidence of the facts which give rise to the presumption to go to the jury, the issue of the existence of the presumed fact must be submitted to the jury, unless the court is satisfied that the evidence as a whole clearly negates the presumed fact; and
    (b) when the issue of the existence of the presumed fact is submitted to the jury, the court shall charge that while the presumed fact must, on all the evidence, be proved beyond a reasonable doubt, the law declares that the jury may regard the facts giving rise to the presumption as sufficient evidence of the presumed fact.
(Source: P. A. 78‑777.)

    (720 ILCS 250/19) (from Ch. 17, par. 5932)
    Sec. 19. Any person convicted of a second or subsequent offense under this Act is guilty of a Class 3 felony.
    For purposes of this Section, an offense is considered a second or subsequent offense if, prior to his conviction of the offense, the offender has at any time been convicted under this Act, or any prior Act, or under any law of the United States or of any State relating to credit card or debit card offenses.
(Source: P.A. 84‑486.)

    (720 ILCS 250/20) (from Ch. 17, par. 5933)
    Sec. 20. If any provision of this Act or its application to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are declared to be severable.
(Source: P. A. 78‑777.)

    (720 ILCS 250/24) (from Ch. 17, par. 5937)
    Sec. 24. Nothing contained in this Act shall be construed to repeal, amend, or otherwise affect "An Act relating to defrauding persons of lawful monetary charges for telecommunications services, and to provide penalties for the violation thereof", approved August 14, 1961, as amended.
(Source: P. A. 78‑777.)

Disclaimer: These codes may not be the most recent version. Illinois may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.