New York Consolidated Laws

N.Y. General Business Law § 511 (2026)

Definitions

✓ current as of May 2026
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§ 511. Definitions. In this article, unless the context or subject
matter otherwise requires:
  1. "Credit card" means and includes any credit card, credit plate,
charge plate, courtesy card, or other identification card or device
issued by a person to another person which may be used to obtain a cash
advance or a loan or credit or to purchase or lease property or services
on the credit of the issuer or of the holder;
  2. "Person" includes an individual, corporation, partnership or
association, two or more persons having a joint or common interest or
any other legal or commercial entity;
  3. "Issuer" means a person who issues a credit card or a debit card;
  4. "Holder" means a person to whom such a credit card or debit card is
issued or who has agreed with the issuer to pay obligations arising from
the use of a credit card or debit card issued to another person;
  5. "Unauthorized use" means use of a credit card or a debit card by a
person other than the holder who does not have actual, implied or
apparent authority from the holder for such use and from which use the
holder receives no benefit;
  6. "Seller" means any person who honors credit cards or debit cards
which may be used to purchase or lease property or services;
  7. "Lender" means any person who honors credit cards which may be used
to obtain a cash advance or loan.
  8. "Improper use" means unauthorized use of a credit card or a debit
card or use of a revoked, cancelled, expired or forged credit card or
debit card at the premises of a seller or lender, to obtain a cash
advance or loan, or to purchase or lease property or services, or an
attempt to do so;
  9. "Debit card" means a card, plate or other similar device issued by
a person to another person which may be used, without a personal
identification number, code or similar identification number, code or
similar identification, to purchase or lease property or services. The
term does not include a credit card or a check, draft or similar
instrument.
  10. "Secured credit card" means any credit card for which an issuer
takes a pledge of a specifically identified interest-bearing deposit
account as provided in section four hundred thirteen of the personal
property law.
Notes of Decisions
Cited in 25 cases (2 in the last 5 years), 1985–2025 · leading case: People v. Thompson, 780 N.E.2d 973 (NY 2002).
People v. Thompson, 780 N.E.2d 973 (NY 2002). · cites it 5× “00 (7) and General Business Law § 511, elevating its theft to grand larceny in the fourth degree and criminal possession of stolen property in the fourth degree.”
Matter of Luis C., 124 A.D.3d 109 (N.Y. App. Div. 2014). · cites it 7× “General Business Law § 511 “Definitions “In this article, unless the context or subject matter otherwise requires: “1.”
Fossella v. Adams, 2025 NY Slip Op 01668 (NY 2025). · cites it 3× “, Vehicle and Traffic Law § 114-a; General Business Law § 511 (1); Alcohol Beverage Control Law § 3; Tax Law § 186-a).”
In re Kimberly H., 196 A.D.2d 192 (N.Y. App. Div. 1994). · cites it 6× “The issue raised in this appeal is whether an automated teller machine (ATM) card constitutes a debit card or credit card as defined by General Business Law § 511. I Respondent Kimberly H.”
People v. Barden, 117 A.D.3d 216 (N.Y. App. Div. 2014). · cites it 2× “credit or to purchase or lease property or services on the credit of the issuer or of the holder” (General Business Law § 511 [1]). This definition appears to exclude credit card numbers.”
People v. McCloud, 50 A.D.3d 379 (N.Y. App. Div. 2008). “An expired or otherwise inactive credit card may be used to make a purchase on credit, within the meaning of General Business Law § 511 (1), if a merchant accepts it, albeit improvidently, thus extending credit to the purchaser.”
People v. Oates, 33 A.D.3d 823 (N.Y. App. Div. 2006). “45 [2]; General Business Law § 511; Matter of Kimberly H.”
People v. Middleton, 2017 NY Slip Op 4554 (N.Y. App. Div. 2017). “The evidence also supported a reasonable inference that the bank card functioned as a “credit card” as defined in General Business Law § 511 (1), and any inconsistency in the victim’s testimony on this subject was satisfactorily explained.”
People v. Radoncic, 259 A.D.2d 428 (N.Y. App. Div. 1999). “Defendant’s contention that a non-activated credit card is not a “credit card” within the meaning of General Business Law § 511 (1) was not preserved for appellate review (People v Gray, 86 NY2d 10, 19-20 ; see also, People v Noble, 86 NY2d 814 ), and we decline to review it in…”
People v. Tansey, 156 Misc. 2d 233 (N.Y. Sup. Ct. 1992). “45 (2) and General Business Law § 511. THE THEFT OF TELEPHONE SERVICES Each defendant is also charged with the larceny of telephone services.”
People v. Howard, 167 A.D.2d 922 (N.Y. App. Div. 1990). “In our view, this evidence was sufficient to prove that the stolen VISA card was a "credit card” as defined in General Business Law § 511 (1) (see, People v Ames, 115 AD2d 545 , lv denied 67 NY2d 759 ; see also, People v Davis-Ivery, 158 AD2d 959 , lv denied 75 NY2d 965 ).”
People v. Thompson, 287 A.D.2d 399 (N.Y. App. Div. 2001). “Defendant contends that since the credit card contained in that pocketbook was a “decoy” American Express credit card, it was not a “credit card” under the definition contained in General Business Law § 511, which is incorporated into Penal Law § 155.”
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