Is Selling CVV Online Legal? Federal Law Says No

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What is ONYX GiftCards?

Onyx Gift Cards is a Grenadian company designed to introduce, market and manage gift cards systems in Grenada for retailers and corporations. We are enthusiastic about the effect and influence we will have on the local market. We intend to expand our systems regionally with a range of product offerings and services.

What is a Gift Card?

Gift cards are the preferred way of giving and receiving gifts. They carry a monetary value that can be redeemed for gifts at your favorite store.
Onyx GiftCards are “Open Gift Cards” which means that they can be redeemed at multiple merchant locations. They are standard credit card size, can fit into the average wallet and made of PVC plastic. Onyx GiftCards are Barcoded for security and safety for the consumer and bear a disclaimer at the back.
Onyx Giftcards can be bought with a branded Card backer which is black in colour and is designed to fit the card. There is an area to write a brief message to the recipient as well.

How it Works?

  • Buy an Onyx Gift Card at these local stores
  • Give your gift card to friends, family, co-workers, etc.
  • The recipient can shop at our select merchants nationwide
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  • They will walk away happy with the best gift ever...the gift of Choice

Why ONYX GiftCards?

  • Save TIME. No need to run around looking for the perfect gift
  • Redeem from a variety of business island-wide. We will continue adding businesses as fast as ONYX grows.
  • ONYX Gift Cards do not expire
  • Cards are valued at convinient amounts to meet every need and occasion

Short answer

No. Selling CVV data online is illegal in the United States. Buying it is illegal. Holding it with intent to defraud is illegal. The federal statute is 18 U.S.C. § 1029, "Fraud and related activity in connection with access devices." A card number plus its CVV is an access device under that law.

No state permits the sale of a card verification value that belongs to someone else. No card network authorizes it. There is no license, no permit, and no legal marketplace for this data.

What a CVV is

A CVV is the 3-digit code on the back of a Visa, Mastercard, or Discover card. American Express prints a 4-digit code on the front and calls it a CID. The code proves the person entering the card number holds the physical card.

Card issuers generate the code. It does not appear on receipts. Merchants may not store it after a transaction is authorized.

The federal law

18 U.S.C. § 1029 makes it a crime to traffic in unauthorized access devices with intent to defraud. Subsection (a)(3) covers trafficking. Subsection (a)(2) covers receipt, concealment, and storage. A first offense carries up to 10 years in prison and a fine. Some subsections carry 15 years.

An individual fine can reach $250,000 under 18 U.S.C. § 3571. Courts can order forfeiture of money and equipment tied to the offense under § 1029(c).

Buying is a crime too

The statute covers both sides of the deal. A person who receives card data with intent to defraud violates § 1029(a)(2). Prosecutors do not need a completed sale to bring charges. An agreement to buy or sell supports a conspiracy charge under 18 U.S.C. § 371.

Card network rules

PCI DSS Requirement 3.2 prohibits storage of sensitive authentication data, including the CVV, after authorization. Every CVV offered for sale online was obtained in violation of the rules that govern card processing. A seller cannot hold a valid CVV from a legitimate source.

Penalties and enforcement

The U.S. Secret Service and the FBI investigate card fraud. The Department of Justice prosecutes these cases in federal court. Sentences turn on the loss amount, the number of cards, and prior record. Aggravated identity theft under 18 U.S.C. § 1028A adds a mandatory 2 years on top of the underlying sentence.

Claims that do not hold up

Bottom line

Selling CVV data online is a federal felony. Buying it is a federal felony. Anyone who claims otherwise is selling a story about a loophole that does not exist.

This page is general legal information, not legal advice. Talk to a criminal defense attorney about a specific situation.

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