Definitions

  1. Law
  2. Georgia Code
  3. Crimes and Offenses
  4. Forgery and Fraudulent Practices
  5. Illegal Use of Financial Transaction Cards
  6. Definitions

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As used in this article, the term:

  1. "Acquirer" means a business organization, government, financial institution, or an agent of a business organization, government, or financial institution that authorizes a merchant to accept payment by financial transaction card for money, goods, services, or anything else of value.
  2. "Automated banking device" means any machine which when properly activated by a financial transaction card and personal identification code may be used for any of the purposes for which a financial transaction card may be used.
  3. "Cardholder" means the person, government, or organization to whom or for whose benefit the financial transaction card is issued by an issuer.
  4. "Expired financial transaction card" means a financial transaction card which is no longer valid because the term for which it was issued has elapsed.
  5. "Financial transaction card" or "FTC" means any instrument or device, whether known as a credit card, credit plate, bank services card, banking card, check guarantee card, debit card, or by any other name, issued with or without fee by an issuer for the use of the cardholder:

    (5.1) "Financial transaction card account number" means a number, numerical code, alphabetical code, or alphanumeric code assigned by the issuer to a particular financial transaction card and which identifies the cardholder's account with the issuer.

    (5.2) "Government" means:

    1. In obtaining money, goods, services, or anything else of value;
    2. In certifying or guaranteeing to a person or business the availability to the cardholder of funds on deposit that are equal to or greater than the amount necessary to honor a draft or check payable to the order of such person or business; or
    3. In providing the cardholder access to a demand deposit account, savings account, or time deposit account for the purpose of:
      1. Making deposits of money or checks therein;
      2. Withdrawing funds in the form of money, money orders, or traveler's checks therefrom;
      3. Transferring funds from any demand deposit account, savings account, or time deposit account to any other demand deposit account, savings account, or time deposit account;
      4. Transferring funds from any demand deposit account, savings account, or time deposit account to any credit card accounts, overdraft privilege accounts, loan accounts, or any other credit accounts in full or partial satisfaction of any outstanding balance owed existing therein;
      5. For the purchase of goods, services, or anything else of value; or
      6. Obtaining information pertaining to any demand deposit account, savings account, or time deposit account.
    4. Every state department, agency, board, bureau, commission, and authority;
    5. Every county, municipal corporation, school system, or other political subdivision of this state;
    6. Every department, agency, board, bureau, commission, authority, or similar body of each such county, municipal corporation, school system, or other political subdivision of this state;
    7. Every city, county, regional, or other authority established pursuant to the laws of this state; and
    8. Every locally elected clerk of superior court, judge of the probate court, sheriff, tax receiver, tax collector, or tax commissioner.
  6. "Issuer" means the business organization or financial institution or its duly authorized agent which issues a financial transaction card.
  7. "Personal identification code" means a numeric or alphabetical code, signature, photograph, fingerprint, or any other means of electronic or mechanical confirmation used by the cardholder of a financial transaction card to permit authorized electronic use of that financial transaction card.
  8. "Presenting" means those actions taken by a cardholder or any person to introduce a financial transaction card into an automated banking device with or without utilization of a personal identification code or merely displaying or showing, with intent to defraud, a financial transaction card to the issuer or to any person or organization providing money, goods, services, or anything else of value or to any other entity.

    (8.1) "Purchasing card," "PCard," or "P-Card" means a type of financial transaction card allowing persons, governments, or business organizations to use financial transaction infrastructure.

  9. "Receives" or "receiving" means acquiring possession of or control of or accepting a financial transaction card as security for a loan.
  10. "Revoked financial transaction card" means a financial transaction card which is no longer valid because permission to use it has been suspended or terminated by the issuer.

(Ga. L. 1960, p. 1113, § 1; Code 1933, § 26-1705, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1969, p. 128, § 1; Ga. L. 1970, p. 529, §§ 1, 2; Ga. L. 1980, p. 1083, § 1; Ga. L. 1990, p. 304, § 1; Ga. L. 1996, p. 371, § 1; Ga. L. 2015, p. 266, § 1/HB 192; Ga. L. 2016, p. 558, § 1/HB 949.)

The 2016 amendment, effective July 1, 2016, deleted "and" at the end of subparagraph (5.2)(C); added "; and" at the end of subparagraph (5.2)(D); and added subparagraph (5.2)(E).

RESEARCH REFERENCES

Am. Jur. 2d.

- 20 Am. Jur. 2d, Credit Cards and Charge Accounts, § 1 et seq.


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