Using another person’s bank card (often called a debit card or ATM card) may seem harmless, especially if it belongs to a close friend or family member who has given it to you, along with their personal identification number (PIN). In California, however, the law makes a clear distinction between using a card with and without permission.
Understanding this difference is important to avoid potential criminal charges.
Using a bank card with consent
If the cardholder has clearly given you permission to use their card, California law does not consider this a crime. For example, if a parent allows their child to make a purchase on their behalf, the use is lawful. That said, banks and card companies may have their own rules, and a cardholder could still face issues with their account if someone else uses the card.
Using a bank card without consent
Using a bank card without permission is considered a form of fraud under California law. Even if the card is physically handed to you, what matters is whether the cardholder specifically allowed the transaction. Without permission, the act can be considered theft or fraud. Penalties vary depending on the value involved and may include fines or imprisonment.
What if you assume you have permission?
Assuming that a friend or family member would not mind is not enough. The law requires actual consent — not a belief or assumption. If there is a misunderstanding, you could still face charges.
The safest approach is to have clear and express permission before using someone else’s card. If you are facing criminal charges for using someone else’s card, regardless of the circumstances, it’s essential to seek legal guidance.
