Oregon Revised Statutes

Or. Rev. Stat. § 165.074 (2026)

Unlawful factoring of payment card transaction

✓ current as of May 2026

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165.074 Unlawful factoring of payment card transaction. (1) A person commits the crime of unlawful factoring of a payment card transaction if the person intentionally or knowingly:

(a) 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;

(b) 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;

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

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

(A) Without the permission of the cardholder; or

(B) With the intent to defraud another person; or

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

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

(B) With the intention to defraud another person.

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

(3) 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. [1991 c.398 §2; 2003 c.383 §2]

BUSINESS AND COMMERCIAL OFFENSES

Notes of Decisions

Cited in 2 cases, 1995–2007 · leading case: State v. Mallory, 162 P.3d 297 (Or. Ct. App. 2007).

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State v. Mallory, 162 P.3d 297 (Or. Ct. App. 2007). “800; one count of unlawful factoring of a payment card transaction, ORS 165.074; one count of second-degree theft, ORS 164.”

State v. Spencer, 895 P.2d 792 (Or. Ct. App. 1995). “Pursuant to a plea bargain, defendant pleaded guilty to all of the factoring and theft offenses and all but one of the sexual offenses.”

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