And Nick,
Let's re-read the definition of "credit card" again here:
(4) “Credit card” means any instrument or device, whether known as a credit card, credit plate, bank service card, banking card, check guarantee card, electronic benefits transfer (EBT) card, or debit card or by any other name, issued with or without fee by an issuer for the use of the cardholder in obtaining money, goods, services, or anything else of value on credit or for use in an automated banking device to obtain any of the services offered through the device.
Why don't you show me a single case that finds the
sole method for determining whether a credit card is "false, fictitious, or counterfeit" is whether or not it was originally created by the issuing bank...
What about the JP Morgan Chase VISA card in my wallet as we speak, which is issued by JPM/Chase, but was manufactured, encoded, and mailed to me directly by CPI Card Group Inc.?
Wouldn't your ridiculous interpretation of the statute and its definition make this a "counterfeit" card?
Why not? And if you say no, because CPI Group was "authorized" by the "issuer" to manufacture the card, then wouldn't I as the account owner also be "authorized" by the "issuer" to use my own account using a card printed by a party other than strictly the "issuer"? Cuts both ways, buddy...
And do you really believe that, where a user can demonstrate that the underlying account rightfully belongs to him, and that he has been billed for, or paid for, any goods purchased with a card that is properly linked to his own account but was not originally created strictly by the issuing bank, that this is all trumped by your interpretation of the statute as relying solely on whether or not the issuer was the party who created the card?
Your reasoning is simply faulty.