Will the bank compensate me if my credit card is stolen? Is the bank responsible?

Credit card theft needs to be treated on a case-by-case basis. Collect evidence to see who is more responsible. If no strong evidence can be provided, each party will bear half of the responsibility. So how to deal with it specifically?

There are two main reasons for bank card fraud:

First, the victim’s personal information (ID number, phone number, bank, etc.) is leaked, and the suspect passes Modify the mobile phone number associated with the victim's bank card, obtain a dynamic verification code, and steal the victim's bank card.

Second, after the victim swiped his card to make a purchase on a POS machine equipped with a Trojan horse program, the bank card and password were stolen by the criminal suspect, who used the obtained information to clone a bank card that was exactly the same as the victim’s and then stole it. brush.

Negotiate compensation matters with the bank after the credit card is stolen:

1. The cardholder receives zero compensation

Because the card is lost and stolen, the cardholder If it cannot be proven that the card swiped is a cloned card, and the password is required for consumption when swiping the card, the cardholder is likely to be held fully responsible. Generally, the cardholder cannot obtain compensation from the bank in this case.

2. The cardholder gets 50 compensation

This situation is usually caused by the card being lost and stolen, but the card is consumed with a signature. Then the attitude will be tilted towards consumers, believing that banks have the conditions, opportunities, capabilities, and obligations to prevent criminals from using self-service banks and ATM machines to ensure the normal operation of financial management order and ensure the safety of depositors' deposits, then depositors will receive 50 compensation is more likely.

3. The cardholder gets 100 compensation

This situation requires the cardholder to have a certain awareness of credit card risk prevention in advance.

Reminder: When a bank card is stolen, you should promptly call the customer service of the communication operator, bank, or online payment platform to suspend the service and cancel the quick payment method. If cardholders find that their bank cards have been stolen, they should report the case to the local police in a timely manner. The police will take action to help them recover their losses.

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Can erroneous credit card charges be compensated for triple compensation?

It is not uncommon for banks to deduct the wrong amount of money. This happened to a certain citizen, Ms. Deng. However, Ms. Deng believed that the bank had fabricated the facts and deceived her into depositing money. She asked the bank to follow the instructions of the consumer. Rights protection provides three times the compensation.

Case Review

Half a month ago, while on a business trip, Ms. Deng suddenly received a text message on her mobile phone from the bank, stating that the due repayment amount of the credit card was 10,000 yuan, and the credit card The amount in the bound savings card account was only more than 2,000 yuan, which was not enough to pay off the debt. Since Ms. Deng generally did not have large expenditures, she was very confused about the arrears. However, based on her trust in the bank and fear of causing bad records that would affect her credit, she deposited more than 10,000 yuan into her credit card through an ATM. After returning from a business trip, Ms. Deng checked and found that she did not owe money, but the bank had deducted 10,000 yuan from her credit card.

Ms. Deng believed that the bank fabricated facts to induce her to deposit and misappropriate the deposit privately, which constituted fraud. She requested the bank to pay triple compensation in accordance with the relevant provisions of consumer rights protection, but was rejected. The bank said that it was caused by a failure in the settlement system and that it could refund the extra money Ms. Deng deposited.

Question

If a credit card is erroneously charged by a bank, can it be tripled as compensation in accordance with the relevant provisions of consumer rights protection?

You have no right to ask the bank to pay triple compensation, but you can ask the bank to return the money and compensate for the loss of interest.

Article 55 of the Consumer Rights Protection Act stipulates: “If an operator commits fraud in providing goods or services, he shall increase compensation for the losses suffered by the consumer at the request of the consumer, and the amount of increased compensation shall be equal to the amount of the goods purchased by the consumer. Three times the price or the fee for receiving services; if the amount of increased compensation is less than five hundred yuan, it shall be five hundred yuan." However, the requirement for this clause to apply is that "the operator has committed fraud in providing goods or services."

First, the bank’s behavior does not constitute fraud in protecting consumer rights.

Consumer fraud means that when both parties are equal and information is fully shared, one party conceals the truth with false words and deeds and deliberately defrauds the other party to be deceived. Just because there is a problem with the bank's settlement system, it cannot be inferred that the bank deliberately informed false information or deliberately concealed the true situation in order to embezzle your money.

Second, in terms of the nature of the bank’s behavior, the bank’s behavior is unjust enrichment.

That is, the bank has no contractual basis or legal basis for possessing your ten thousand yuan, but it objectively possesses your money. According to relevant legal provisions, the bank can be required to return the money and compensate for the resulting loss of interest.

How to make a claim if your credit card is stolen? These situations are ok!

Nowadays, everyone’s daily payments are inseparable from credit cards. Once a credit card is lost or stolen, it is a very troublesome thing. If it involves the bank’s responsibility, you can still claim for compensation. If it is your own responsibility, there is nothing you can do. . So how to compensate for credit card fraud claims? Let me analyze the following situations for you.

1. Why are credit cards stolen?

It may be that password-free payment has been activated or the credit card has been lost, or it has been directly used as a counterfeit card, or the numbers on the back of the credit card have been leaked, etc., which may lead to theft.

2. In what cases can I be compensated if my credit card is stolen?

1. When the debit card is stolen or the magnetic stripe causes loss of funds.

2. When you are threatened by others and have no choice but to reveal your credit card and password.

3. When the credit card password is illegally cracked.

4. After the debit card is stolen, the funds in the card are withdrawn at the bank counter or ATM machine.

3. How to make a claim if your credit card is stolen?

After encountering fraud, the cardholder should prepare relevant information and report to the police immediately, and then go to the bank with the report receipt and statement letter to apply for compensation. The other party will verify the user's fraudulent use and loss amount. If it is within the scope of compensation, the loss will be borne by the bank.

The above is the answer to "In what circumstances can I claim compensation if my credit card is stolen? How to file a claim?" I hope it can be helpful to everyone. When using a credit card, be sure to cover it with your hand when entering the password, and change the password from time to time. Do not swipe your card on informal POS machines, and do not click on phishing websites from illegal sources, otherwise there will be consequences. They are all serious.

Will the bank compensate if the credit card is stolen? Yes, but it must be within the time limit

The number of people using credit cards is increasing day by day, but Xiaocai found that due to the information security of many customers Due to reasons such as lack of awareness and refurbishment of methods, there are endless cases of credit card loss and theft. Xiaocai learned that many banks have launched different card loss protection systems to protect card holders' safety, but the rules are very different.

After investigation by Xiaocai, Agricultural Bank of China, Bank of China, Shanghai Pudong Development Bank, Ping An Bank, etc. will provide certain compensation for theft losses that occurred 72 hours before the holder reported the loss. China Guangfa Bank, China Merchants Bank, Beijing Municipal Bank of China, etc. Banks, etc. will provide certain compensation for theft losses that occur within 48 hours before the holder reports the loss.

However, it should be noted that during this free protection period, banks will not completely and unconditionally compensate for all losses caused by fraud. For example, Ping An Bank stated that the holder can apply for the bank to be responsible, but the premise of providing compensation is "compensation terms suitable for card loss protection"; the 48-hour card loss protection service provided by China Construction Bank only covers the situation of card loss overseas; Industrial and Commercial Bank of China The 72-hour lost card protection service provided is only "one year from the date of swiping the card, you can have account security insurance for one year at no cost."

“The premise of the bank’s compensation is that the holder’s credit card is lost, stolen, or used by others under coercion, resulting in economic losses caused by credit card theft. For example, if you accidentally leak the password and make a transaction through the password after losing the card, this is difficult to determine, and you will not be compensated directly.

"Customer service staff at credit card centers of many banks stressed.

According to recommendations from credit card staff of many banks to Xiaocai, many credit card holders have now enabled the small-amount password-free payment function for the convenience of payment. Once Loss of the card is a big hidden danger. Card loss protection is a certain degree of compensation for transactions conducted without a transaction password. If the holder reports the loss to the bank at the first time, the bank can compensate the holder for the loss. Compensation for losses caused by fraud within a certain period of time before the loss is reported

The compensation amount of each bank is also different. For example, the maximum protection amount of each card is the amount of the card on the day when the fraudulent transaction occurs. Spending limit (can include permanent spending limit, temporary spending limit and floating limit, but excludes self-deposited money); Ping An Bank’s protection amount does not exceed the card’s fixed credit limit limit, up to RMB 50,000; Beijing Bank The maximum protection amount is also 50,000 yuan; China Merchants Bank, CITIC Bank, Bank of China, etc. have set different maximum compensation amounts according to the level of the card.

In addition to free fraud protection, there are more. The bank has launched a fee-based fraud compensation service. Therefore, according to the opinions of bank customer service staff, customers can pay a certain fee to upgrade to obtain services according to their own needs. For example, CITIC Bank’s “Pirate Treasure” will increase the fraud protection period. 48 hours has been extended to 72 hours. After a loss occurs, you can report the case through WeChat at any time. You can get compensation within 10 working days, and the compensation amount has also increased to 100,000 yuan; Bank of Communications' "worry-free service", the compensation period and the maximum compensation amount are the same as China CITIC Bank is the same; Shanghai Pudong Development Bank’s no-swipe service extends the compensation period from 72 hours to 96 hours; China Guangfa Bank’s “security guard” is not subject to the loss reporting time limit. However, if customers want to have these protections, they need to average every month. Pay a fee ranging from 2 to 8 yuan to the bank.

Regarding the safety of credit card use, Xiaocai once again reminds all holders not to tell others their passwords at will, and to actively activate the account change reminder service. Know the usage of the card funds as soon as possible, and pay close attention to any abnormalities in the monthly bills. If the card is lost or stolen, you should call the credit card center to report the loss immediately to avoid greater financial losses.

That’s it for the introduction to credit card reimbursements