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Bill

SB 2372

Relating to the creation of the criminal offense of fraudulent use, possession, or tampering with gift cards or gift card data.

89th Legislature (2025) Introduced by Robert Nichols

Texas bill creates new criminal offense for fraudulent use, possession, or tampering with gift cards and gift card data to combat growing digital commerce fraud.

Referred to Criminal Justice
#crimes--miscellaneous(i0200) #criminalprocedure--sentencing&punishment(i0205) #fraud(s0166)
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WeVote Research Nonpartisan
Bill Summary · SB 2372

Legislative bill overview

SB 2372 creates a new criminal offense in Texas law specifically targeting the fraudulent use, possession, or tampering of gift cards and gift card data. The bill establishes legal penalties for individuals who engage in unauthorized access, use, or manipulation of gift card information for personal gain.

Why is this important

Gift card fraud has grown substantially as digital commerce expands, with criminals stealing card data or using lost/stolen cards for unauthorized purchases. Creating a specific statute provides clearer enforcement mechanisms for law enforcement and stronger deterrents for potential offenders, while also establishing consistent penalties across the state rather than relying on broader fraud statutes.

Potential points of contention

  • Penalty severity: Unclear whether proposed penalties are proportionate to similar fraud offenses or if they risk over-criminalization for relatively small-value frauds
  • Data possession definitions: The bill's scope regarding mere possession of gift card data could potentially ensnare individuals in possession of compromised information without clear intent to defraud
  • Retail vs. consumer impact: Potential disagreement over whether protections adequately address retailer accountability versus placing enforcement burden primarily on individual consumers

Compiled from official sources — confirm details with the bill’s official record.

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