Chinanews client, Beijing, May 25th (Reporter Wu Tao) "The bank is in my hands, but the money in it is missing." In the past, similar things often appeared in the newspapers, but the bank said that the responsibility is not on its own. .
Now, the Supreme Law is clear!
In the future, the user's bank card is stolen and proves that he is not responsible, and he can claim compensation from the bank!
On May 25, the Supreme People's Court issued the "Regulations of the Supreme People's Court on Several Issues Concerning the Trial of Bank Card Civil Dispute Cases" (hereinafter referred to as the "Bank Card Regulations"), which came into effect on the date of issuance.
According to Article 7 of the "Bank Card Regulations":
"In the event of counterfeit card fraud transactions or online fraud transactions, the debit card holder requests the issuing bank to pay the principal and interest of the stolen credit card deposits and compensate for the losses based on the legal relationship of the debit card contract, the people's court shall support it in accordance with the law."
"In the event of counterfeit card fraud transactions or online fraud transactions, the credit card holder requests the issuing bank to return the principal and interest of the deducted overdraft, liquidated damages and compensation for losses based on the legal relationship of the credit card contract, the people's court shall support it in accordance with the law; the issuing bank requests the credit card The people's court shall not support the repayment of the principal and interest of the overdraft funds and liquidated damages by the cardholder."
That is, whether it is a debit card or a credit card, if the cardholder is stolen, the cardholder can claim the loss from the bank (card issuing bank); the bank needs to pay the deposit principal and interest of the stolen debit card; the credit card is deducted due to the stolen credit card The bank also needs to return the principal and interest of the overdraft and liquidated damages to the cardholder.
Data map: bank card seized by the police.
Photo courtesy of the Public Security Bureau of Ningjin County, Hebei Province
Of course, this is a prerequisite, and it must be true that the fraud has been encountered, and proof must be provided before making a claim to the bank.
According to Article 4 of the "Bank Card Regulations":
"If the cardholder claims that the transaction in dispute is a counterfeit card fraud transaction or a cyber fraud transaction, he may provide effective legal documents, the location of the real card during the bank card transaction, the location of the transaction, account transaction details, transaction notifications, alarm records, and loss reporting records. And other evidence materials to prove it."
"If a card issuing bank or a non-bank payment institution claims that the disputed transaction is the cardholder’s own transaction or a transaction authorized by the cardholder, it shall bear the burden of proof. The card issuing bank or non-bank payment institution may provide transaction receipts, statement statements, surveillance videos, and transaction identification information , Transaction verification information and other evidence materials to prove it."
The “Bank Card Regulations” also require that the people’s court should comprehensively review the evidence submitted by the parties, taking into account the distance between the bank card transaction and the location of the real card, whether the cardholder has conducted a basic transaction, transaction time and alarm time, and the cardholder’s use of the card. Habits, the number and frequency of stolen bank cards, whether the transaction system, technology, and equipment are safe, etc., comprehensively determine whether there is a counterfeit card fraud transaction or a network fraud transaction.
Data map: People show bank cards.
Photo by China News Agency reporter Zhang Yun
At the same time, it should be noted that, according to the "Bank Card Regulations", cardholders are at fault for failing to properly keep the identity information such as bank cards, passwords, verification codes, and transaction verification information, and the issuing bank claims that the cardholder shall bear the corresponding responsibility. The people’s court should support it.
If the cardholder fails to take measures such as reporting the loss in a timely manner to prevent the loss from expanding, and the card issuing bank claims that the cardholder shall bear the responsibility for the expanded loss, the people's court shall support it.
Therefore, bank card users also need to keep their bank card, password, verification code and other identification information and transaction verification information properly, and report the loss in time when encountering theft, otherwise some losses need to be borne by themselves.
Finally, you need to understand that the counterfeit card fraud transactions in the "Bank Card Regulations" refer to the use of counterfeit bank cards for cash withdrawals, consumption, transfers, etc., resulting in a reduction of funds or overdrafts in the cardholder’s account that are not based on their own intentions. Increased behavior.
Online fraudulent transactions refer to the behavior of others stealing and using cardholder’s bank card network transaction identification information and transaction verification information to conduct online transactions, resulting in a decrease in funds or an increase in the amount of overdraft in the cardholder’s account that is not due to his own intention.
(Finish)