New Pennsylvania law criminalizes 'skimming' at fuel pumps

By Keith Goble, Land Line state legislative editor | Monday, July 30, 2018

A change in Pennsylvania law puts on notice individuals who attempt to defraud consumers at fuel pumps. The new law is intended to deter payment card “skimming.”

The devices are attached to external fuel pump payment card readers and ATMs. The small devices, or “skimmers,” can be installed within seconds. They are designed to steal and store debit and credit card data. The data can then be retrieved and used for fraudulent purchases or activities.

A single compromised pump can capture data from as many as 100 cards per day, according to the National Association of Convenience Stores.

Pennsylvania law has limited prosecutors to levy theft charges against an individual intending to defraud the authorized user, the card issuer or a merchant.

Gov. Tom Wolf signed into law a bill he described as increasing protections for consumers.

Specifically, the new law criminalizes the act of placing scanning or skimming devices on fuel pumps and ATMs. The possession or sale of affected devices are included in the criminal classification.

Violators would face third-degree felony charges. Repeat offenders would face second-degree felony charges.

Rep. Kristin Phillips-Hill, R-York Township, said the state’s laws have not kept up with the new technology used by individuals involved with credit card fraud.

“(The new law) will hopefully serve as a further deterrent for criminals who want nothing more than to steal someone’s identity and disrupt our lives for their own benefit,” Phillips-Hill said in prepared remarks.

The Pennsylvania Department of Agriculture inspects fuel pumps on an annual basis, and the governor’s office says its inspectors are trained to recognize skimmers. On occasions that a skimmer is found, the inspector notifies law enforcement.

The agency asks people who believe they have been scammed to contact the Attorney General’s Consumer Protection Hotline at 1-800-441-2555, or by email.

Previously HB1918, the new law takes effect on Aug. 28.

Prevention
Law enforcement recommends consumers look for a broken seal on fuel pumps. Another preventative measure for consumers is to give card readers a firm pull before inserting their card. They add that many in the industry consider this to be the best way to determine if a pump has been tampered with because if a pump has been hacked, consumers will likely be able to pull the whole unit out. Also, it is recommended to avoid pumps that are out of sight of the clerk.

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