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Police don’t always investigate credit card fraud — however, filing a fraud and identity theft report with law enforcement can help you recover lost funds.
Police don’t always investigate credit card fraud — however, filing a fraud and identity theft report with law enforcement can help you recover lost funds.
In this article:
In this article:
If you've become a victim of credit card fraud, contacting the police is a critical step in your recovery plan.
Credit card fraud can take different shapes — including the physical theft and use of a card, the misuse of stolen credit card numbers from phishing scams and data breaches, and fraudsters setting up new credit card accounts in your name.
As soon as you notice your card is missing, spot fraudulent charges on your credit card statement, or see new accounts on your credit report, you should do the following:
While your bank handles your account security and damages, the police may hand out felony charges and serious jail time to the fraudsters. However, the police don't investigate every instance of credit card fraud.
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Credit card fraud is by far the most common type of identity theft, affecting approximately 36,000 victims each month, according to data from the FTC [*].
While advancements in card security helped Visa block $40 billion in fraudulent transactions in 2023 alone [*], the number of financial institutions dealing with losses from credit card fraud is still increasing year after year [*].
The good news is that victims are rarely held accountable for unauthorized charges or losses from credit card fraud, thanks to $0 fraud liability policies on many cards.
However, banks still need to investigate in order to determine whether or not the fraud stemmed from unauthorized use. In some situations, investigations involve various law enforcement agencies.
Here's how the credit card fraud investigation process typically works:
Under the Fair Credit Billing Act (FCBA) [*], credit card companies are required to refund any charges in excess of $50 that were billed in error — which includes unauthorized credit use. To qualify for a refund, you need to submit a proper fraud claim to your credit card issuer.
Before you do that, however, contact the merchant or retailer that first charged you. They might be able to reverse the charge directly. At the very least, you can gather important information about the fraudulent activity — such as who was involved, when it happened, and how it took place.
The process for formally disputing credit card charges varies by bank, but you need to submit disputes within 60 days of the first bill reflecting the fraudulent charge.
You may be able to file from your online bank account or mobile app, or you can email the fraud department directly. Whatever path you choose, be prepared to provide:
After you file a dispute, your bank or credit card company has 30 days to acknowledge the complaint and 90 days to resolve it [*].
In the early stages of your dispute, your bank or credit card company will start by verifying that the suspicious activity took place and that your complaint was filed within the appropriate time frame (60 days, as per federal law). They may then perform the following actions:
If the initial review determines that your dispute warrants an investigation, your bank or credit card company will launch an internal investigation. While this process can vary, credit card fraud investigations may involve the following organizations:
Filing a police report could trigger an investigation, but it will depend on the nature of the crime and the availability of police resources.
Here are some of the criteria police may consider before launching an investigation:
Whatever the situation, show up prepared with all available evidence and supporting documents. No matter what happens with the investigation, ask for a copy of your police report. It may be useful during the credit card dispute process.
After the financial institution has completed its investigation, it will deliver a ruling based on its findings — either approving or denying your claim.
While many factors go into the decision, here are some of the bank's primary considerations:
If your bank or credit card company determines that the disputed charge was fraudulent, it will either reimburse you right away or file a chargeback to the merchant to recover your funds. If your claim is denied, however, you'll be responsible for the disputed charge and any applicable interest.
In this instance, you can still recover the money; you'll just have to take additional steps, such as:
The illegal use of another person's credit card is often a felony under both state and federal law, even if the offender is a family member.
The classification and punishments for these crimes depend on several factors, including:
Monetary thresholds. Many states set specific monetary limits for misdemeanors and felonies. In Louisiana, for example, fraud over $1,000 is a felony punishable by up to 10 years in prison and/or a fine of up to $10,000. In Idaho, the felony limit is $300 [*].
Criminal intent. Intentional fraud (as opposed to accidental) qualifies as a felony in many states. For example, Florida classifies any intentional fraud as a felony of the third degree, which is punishable by up to five years in prison [*].
Criminal history. Repeat offenders often face stiffer charges and penalties, such as a misdemeanor being upgraded to a felony. In New York, all charges get upgraded one degree if the defendant has been convicted in the past five years [*].
Victim's age. In an effort to protect vulnerable seniors, many states add victim age thresholds when classifying crimes. In Connecticut, identity fraud against victims over the age of 60 are automatically upgraded to class C felonies, regardless of the monetary value. In Washington, D.C., penalties are enhanced 1.5 times for crimes against victims over the age of 65 [*].
Jurisdiction. Determining whether fraud is a state- or federal-level crime depends on where it took place and how it was committed:
📚 Related: How To Protect Your Bank Account From Identity Thieves →
Credit card fraud is a serious crime that is punishable under both state and federal law. However, your local police department may not have the resources or the willingness to investigate every case.
Banks and credit card companies have become very effective at blocking and reversing fraudulent charges, but they can't actually help prevent identity theft or many other types of fraud. And once you've become a victim of identity theft, your odds of being targeted again by identity thieves grows significantly [*].
If you want to protect against future attacks, take these proactive steps:
For even more protection, consider an all-in-one solution like Aura to secure yourself and your family against credit card fraud, identity theft, hacking, and all types of scams.
Along with 24/7 three-bureau credit monitoring and the fastest alerts in the industry3, Aura provides powerful digital security, certified White Glove Fraud Resolution support, and up to $5 million in identity theft insurance to cover eligible expenses and losses.
Editorial note: Our articles provide educational information for you to increase awareness about digital safety. Aura’s services may not provide the exact features we write about, nor may cover or protect against every type of crime, fraud, or threat discussed in our articles. Please review our Terms during enrollment or setup for more information. Remember that no one can prevent all identity theft or cybercrime.