ORS 165.074 Unlawful factoring of payment card transaction

A person commits the crime of unlawful factoring of a payment card transaction if the person intentionally or knowingly:

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;

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;

Employs, solicits or otherwise causes another to become a merchant for purposes of engaging in conduct made unlawful by this section;

Uses a scanning device to access, read, scan, obtain, memorize or store information encoded on a payment card:

Without the permission of the cardholder; or

With the intent to defraud another person; or

Uses a reencoder to place encoded information from one payment card onto another payment card:

Without the permission of the cardholder of the payment card from which encoded information is being taken; or

With the intention to defraud another person.

Unlawful factoring of a payment card transaction is a Class C felony.

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.