State Codes and Statutes

Statutes > North-carolina > Chapter_14 > GS_14-113_8

Article 19B.

Financial TransactionCard Crime Act.

§ 14‑113.8. Definitions.

The following words andphrases as used in this Chapter, unless a different meaning is plainly requiredby the context, shall have the following meanings:

(1)        Acquirer. –"Acquirer" means a business organization, financial institution, oran agent of a business organization or financial institution that authorizes amerchant to accept payment by financial transaction card for money, goods,services or anything else of value.

(1a)      Automated BankingDevice. – "Automated banking device" means any machine which whenproperly activated by a financial transaction card and/or personalidentification code may be used for any of the purposes for which a financialtransaction card may be used.

(2)        Cardholder. –"Cardholder" means the person or organization named on the face of afinancial transaction card to whom or for whose benefit the financialtransaction card is issued by an issuer.

(3)        Expired FinancialTransaction Card. – "Expired financial transaction card" means afinancial transaction card which is no longer valid because the term shown onit has elapsed.

(4)        FinancialTransaction Card. – "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 anyother name, issued with or without fee by an issuer for the use of thecardholder:

a.         In obtaining money,goods, services, or anything else of value on credit; or

b.         In certifying orguaranteeing to a person or business the availability to the cardholder offunds on deposit that are equal to or greater than the amount necessary tohonor a draft or check payable to the order of such person or business; or

c.         In providing thecardholder access to a demand deposit account or time deposit account for thepurpose of:

1.         Making deposits ofmoney or checks therein; or

2.         Withdrawing funds inthe form of money, money orders, or traveler's checks therefrom; or

3.         Transferring fundsfrom any demand deposit account or time deposit account to any other demanddeposit account or time deposit account; or

4.         Transferring fundsfrom any demand deposit account or time deposit account to any credit cardaccounts, overdraft privilege accounts, loan accounts, or any other creditaccounts in full or partial satisfaction of any outstanding balance owedexisting therein; or

5.         For the purchase ofgoods, services or anything else of value; or

6.         Obtaininginformation pertaining to any demand deposit account or time deposit account;

d.         But shall notinclude a telephone number, credit number, or other credit device which iscovered by the provisions of Article 19A of this Chapter.

(5)        Issuer. –"Issuer" means the business organization or financial institution orits duly authorized agent which issues a financial transaction card.

(6)        PersonalIdentification Code. – "Personal identification code" means a numericand/or alphabetical code assigned to the cardholder of a financial transactioncard by the issuer to permit authorized electronic use of that FTC.

(7)        Presenting. –"Presenting" means, as used herein, those actions taken by acardholder or any person to introduce a financial transaction card into anautomated banking device, including utilization of a personal identificationcode, or merely displaying or showing a financial transaction card to theissuer, or to any person or organization providing money, goods, services, oranything else of value, or any other entity with intent to defraud.

(8)        Receives. –"Receives" or "receiving" means acquiring possession orcontrol or accepting a financial transaction card as security for a loan.

(9)        Revoked FinancialTransaction Card. – "Revoked financial transaction card" means afinancial transaction card which is no longer valid because permission to useit has been suspended or terminated by the issuer.

(10)      Scanning Device. –"Scanning device" means a scanner, reader, or any other device thatis used to access, read, scan, obtain, memorize, or store, temporarily orpermanently, information encoded on a financial transaction card. (1967, c. 1244, s. 2; 1971,c. 1213, s. 4; 1979, c. 741, s. 1; 1989, c. 161, s. 1; 2002‑175, s. 2.)

State Codes and Statutes

Statutes > North-carolina > Chapter_14 > GS_14-113_8

Article 19B.

Financial TransactionCard Crime Act.

§ 14‑113.8. Definitions.

The following words andphrases as used in this Chapter, unless a different meaning is plainly requiredby the context, shall have the following meanings:

(1)        Acquirer. –"Acquirer" means a business organization, financial institution, oran agent of a business organization or financial institution that authorizes amerchant to accept payment by financial transaction card for money, goods,services or anything else of value.

(1a)      Automated BankingDevice. – "Automated banking device" means any machine which whenproperly activated by a financial transaction card and/or personalidentification code may be used for any of the purposes for which a financialtransaction card may be used.

(2)        Cardholder. –"Cardholder" means the person or organization named on the face of afinancial transaction card to whom or for whose benefit the financialtransaction card is issued by an issuer.

(3)        Expired FinancialTransaction Card. – "Expired financial transaction card" means afinancial transaction card which is no longer valid because the term shown onit has elapsed.

(4)        FinancialTransaction Card. – "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 anyother name, issued with or without fee by an issuer for the use of thecardholder:

a.         In obtaining money,goods, services, or anything else of value on credit; or

b.         In certifying orguaranteeing to a person or business the availability to the cardholder offunds on deposit that are equal to or greater than the amount necessary tohonor a draft or check payable to the order of such person or business; or

c.         In providing thecardholder access to a demand deposit account or time deposit account for thepurpose of:

1.         Making deposits ofmoney or checks therein; or

2.         Withdrawing funds inthe form of money, money orders, or traveler's checks therefrom; or

3.         Transferring fundsfrom any demand deposit account or time deposit account to any other demanddeposit account or time deposit account; or

4.         Transferring fundsfrom any demand deposit account or time deposit account to any credit cardaccounts, overdraft privilege accounts, loan accounts, or any other creditaccounts in full or partial satisfaction of any outstanding balance owedexisting therein; or

5.         For the purchase ofgoods, services or anything else of value; or

6.         Obtaininginformation pertaining to any demand deposit account or time deposit account;

d.         But shall notinclude a telephone number, credit number, or other credit device which iscovered by the provisions of Article 19A of this Chapter.

(5)        Issuer. –"Issuer" means the business organization or financial institution orits duly authorized agent which issues a financial transaction card.

(6)        PersonalIdentification Code. – "Personal identification code" means a numericand/or alphabetical code assigned to the cardholder of a financial transactioncard by the issuer to permit authorized electronic use of that FTC.

(7)        Presenting. –"Presenting" means, as used herein, those actions taken by acardholder or any person to introduce a financial transaction card into anautomated banking device, including utilization of a personal identificationcode, or merely displaying or showing a financial transaction card to theissuer, or to any person or organization providing money, goods, services, oranything else of value, or any other entity with intent to defraud.

(8)        Receives. –"Receives" or "receiving" means acquiring possession orcontrol or accepting a financial transaction card as security for a loan.

(9)        Revoked FinancialTransaction Card. – "Revoked financial transaction card" means afinancial transaction card which is no longer valid because permission to useit has been suspended or terminated by the issuer.

(10)      Scanning Device. –"Scanning device" means a scanner, reader, or any other device thatis used to access, read, scan, obtain, memorize, or store, temporarily orpermanently, information encoded on a financial transaction card. (1967, c. 1244, s. 2; 1971,c. 1213, s. 4; 1979, c. 741, s. 1; 1989, c. 161, s. 1; 2002‑175, s. 2.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_14 > GS_14-113_8

Article 19B.

Financial TransactionCard Crime Act.

§ 14‑113.8. Definitions.

The following words andphrases as used in this Chapter, unless a different meaning is plainly requiredby the context, shall have the following meanings:

(1)        Acquirer. –"Acquirer" means a business organization, financial institution, oran agent of a business organization or financial institution that authorizes amerchant to accept payment by financial transaction card for money, goods,services or anything else of value.

(1a)      Automated BankingDevice. – "Automated banking device" means any machine which whenproperly activated by a financial transaction card and/or personalidentification code may be used for any of the purposes for which a financialtransaction card may be used.

(2)        Cardholder. –"Cardholder" means the person or organization named on the face of afinancial transaction card to whom or for whose benefit the financialtransaction card is issued by an issuer.

(3)        Expired FinancialTransaction Card. – "Expired financial transaction card" means afinancial transaction card which is no longer valid because the term shown onit has elapsed.

(4)        FinancialTransaction Card. – "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 anyother name, issued with or without fee by an issuer for the use of thecardholder:

a.         In obtaining money,goods, services, or anything else of value on credit; or

b.         In certifying orguaranteeing to a person or business the availability to the cardholder offunds on deposit that are equal to or greater than the amount necessary tohonor a draft or check payable to the order of such person or business; or

c.         In providing thecardholder access to a demand deposit account or time deposit account for thepurpose of:

1.         Making deposits ofmoney or checks therein; or

2.         Withdrawing funds inthe form of money, money orders, or traveler's checks therefrom; or

3.         Transferring fundsfrom any demand deposit account or time deposit account to any other demanddeposit account or time deposit account; or

4.         Transferring fundsfrom any demand deposit account or time deposit account to any credit cardaccounts, overdraft privilege accounts, loan accounts, or any other creditaccounts in full or partial satisfaction of any outstanding balance owedexisting therein; or

5.         For the purchase ofgoods, services or anything else of value; or

6.         Obtaininginformation pertaining to any demand deposit account or time deposit account;

d.         But shall notinclude a telephone number, credit number, or other credit device which iscovered by the provisions of Article 19A of this Chapter.

(5)        Issuer. –"Issuer" means the business organization or financial institution orits duly authorized agent which issues a financial transaction card.

(6)        PersonalIdentification Code. – "Personal identification code" means a numericand/or alphabetical code assigned to the cardholder of a financial transactioncard by the issuer to permit authorized electronic use of that FTC.

(7)        Presenting. –"Presenting" means, as used herein, those actions taken by acardholder or any person to introduce a financial transaction card into anautomated banking device, including utilization of a personal identificationcode, or merely displaying or showing a financial transaction card to theissuer, or to any person or organization providing money, goods, services, oranything else of value, or any other entity with intent to defraud.

(8)        Receives. –"Receives" or "receiving" means acquiring possession orcontrol or accepting a financial transaction card as security for a loan.

(9)        Revoked FinancialTransaction Card. – "Revoked financial transaction card" means afinancial transaction card which is no longer valid because permission to useit has been suspended or terminated by the issuer.

(10)      Scanning Device. –"Scanning device" means a scanner, reader, or any other device thatis used to access, read, scan, obtain, memorize, or store, temporarily orpermanently, information encoded on a financial transaction card. (1967, c. 1244, s. 2; 1971,c. 1213, s. 4; 1979, c. 741, s. 1; 1989, c. 161, s. 1; 2002‑175, s. 2.)