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
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Official chapter context and edition notices
Chapter 165 — Offenses Involving Fraud or Deception
ORS sections in this chapter were amended or repealed by the Legislative Assembly during its 2026 regular session. See the table of ORS sections amended or repealed during the 2026 regular session: 2026 A&R Tables
New sections of law were added by legislative action to this ORS chapter or to a series within this ORS chapter by the Legislative Assembly during its 2026 regular session. See sections in the following 2026 Oregon Laws chapters: 2026 Session Laws 0067
New sections of law were enacted by the Legislative Assembly during its 2026 regular session and pertain to or are likely to be compiled in this ORS chapter. See sections in the following 2026 Oregon Laws chapters: 2026 Session Laws 0067
2025 EDITION
OFFENSES INVOLVING FRAUD OR DECEPTION
CRIMES AND PUNISHMENTS
FORGERY AND RELATED OFFENSES
BUSINESS AND COMMERCIAL OFFENSES
CRIMES INVOLVING COMMUNICATIONS
CELLULAR TELEPHONES
USE OF PEN REGISTERS AND TRAP AND TRACE DEVICES
FALSE CLAIMS FOR HEALTH CARE PAYMENTS
IDENTITY THEFT AND RELATED OFFENSES
MISCELLANEOUS
PENALTIES
FORGERY AND RELATED OFFENSES
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Stable record: oregon_criminal_law:legal_authorities:165.074 Source file: ors165.html Pages: Not recorded – Not recorded Passage SHA-256: 5bff3675c61057a67654bd9270ec9c0d8815a7d62753b1e4d6a5b4e812bbeba7 Retained source evidence SHA-256: 9fea7d88eb20c311fc9ee822d99fcb84f3a12a84e925c1144ae19fbc9a2a2b10
Source location: ORS 165.074 (all printed versions and notes)
Stored source content
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
Cross-references
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Oregon criminal law — ORS Title 16 (2025 snapshot) · legal_authorities
165.072 Definitions for ORS 165.072 and 165.074. As used in this section and ORS 165.074, unless the context requires otherwise:
(1) “Cardholder” means a person to whom a payment card is issued or a person who is authorized to use the payment card.
(2) “Credit card” means a card, plate, booklet, credit card number, credit card account number or other identifying symbol, instrument or device that can be used to pay for, or to obtain on credit, goods or services.
(3) “Financial institution” means a financial institution as that term is defined in ORS 706.008.
(4) “Merchant” means:
(a) An owner or operator of a retail mercantile establishment;
(b) An agent, employee, lessee, consignee, franchisee, officer, director or independent contractor of an owner or operator of a retail mercantile establishment; and
(c) A person who receives what the person believes to be a payment card or information from a payment card from a cardholder as the instrument for obtaining something of value from the person.
(5) “Payment card” means a credit card, charge card, debit card, stored value card or any card that is issued to a person and allows the user to obtain something of value from a merchant.
(6) “Payment card transaction” means a sale or other transaction or act in which a payment card is used to pay for, or to obtain on credit, goods or services.
(7) “Payment card transaction record” means any record or evidence of a payment card transaction, including, without limitation, any paper, sales draft, instrument or other writing and any electronic or magnetic transmission or record.
(8) “Person” does not include a financial institution or its authorized employee, representative or agent.
(9) “Previous conviction” has the meaning given that term in ORS 137.712.
(10) “Reencoder”
166.715 Definitions for ORS 166.715 to 166.735. As used in ORS 166.715 to 166.735, unless the context requires otherwise:
(1) “Documentary material” means any book, paper, document, writing, drawing, graph, chart, photograph, phonograph record, magnetic tape, computer printout, other data compilation from which information can be obtained or from which information can be translated into usable form, or other tangible item.
(2) “Enterprise” includes any individual, sole proprietorship, partnership, corporation, business trust or other profit or nonprofit legal entity, and includes any union, association or group of individuals associated in fact although not a legal entity, and both illicit and licit enterprises and governmental and nongovernmental entities.
(3) “Investigative agency” means the Department of Justice or any district attorney.
(4) “Pattern of racketeering activity” means engaging in at least two incidents of racketeering activity that have the same or similar intents, results, accomplices, victims or methods of commission or otherwise are interrelated by distinguishing characteristics, including a nexus to the same enterprise, and are not isolated incidents, provided at least one of such incidents occurred after November 1, 1981, and that the last of such incidents occurred within five years after a prior incident of racketeering activity. Notwithstanding ORS 131.505 to 131.525 or 419A.190 or any other provision of law providing that a previous prosecution is a bar to a subsequent prosecution, conduct that constitutes an incident of racketeering activity may be used to establish a pattern of racketeering activity without regard to whether the conduct previously has been the subject of a criminal prosecution or conviction or a juvenile court adjudicatio