1. Responsibility for credit card theft

Under the current legal framework, if a credit card is stolen, the responsibilities of all parties are as follows:

1 , The embezzler - the first liability bearer

The embezzler and the cardholder have a tort liability relationship, and they shall be responsible for the return of the property in accordance with the provisions of the "Property Law" and the "Tort Liability Law" If the amount exceeds a certain amount, the person shall bear criminal liability for "theft" in accordance with the provisions of the "Criminal Law" (the starting penalty for theft in Beijing is 2,000 yuan).

However, the detection rate of this kind of small economic crime is low. The embezzler is often unable to detect and cannot bear the responsibility of returning the money. Therefore, credit card fraud is ultimately reduced to the cardholder, Responsibilities are divided between banks and credit card merchants.

2. The card issuing bank - the person responsible for failure to report the loss in time

The scope of responsibility that the card issuing bank shall bear is stipulated in the "Service Agreement" signed by both parties when applying for the card, and the agreement of each bank Different, but the same thing is that the bank is only responsible for the losses caused to the cardholder by failing to report the loss in time, and will not be responsible for anything else.

Recently, in order to attract business, some banks have launched a lost card protection service. If the bank card is lost within 48 hours (or 24 hours), they will bear liability within the limit (5,000 or 10,000 yuan), and Specify strict conditions (such as non-password withdrawals, reporting losses as soon as possible). The liability borne by the card-issuing bank shall be paid by the contracted insurance company.

3. The merchant who swiped the card is the person responsible for failing to perform reasonable verification obligations

For credit cards that are withdrawn with passwords only, the merchants that swipe the cards have the obligation to verify the password; for credit cards that are withdrawn with signatures , the card swiping merchant has the obligation to verify whether the card user's signature is consistent with the reserved signature.

The card swiping merchant will only bear corresponding responsibilities if it fails to fulfill the above obligations.

4. Cardholder - the person responsible for failing to keep the credit card properly

According to the agreement signed between the cardholder and the bank, the cardholder shall keep the credit card properly. Once it is lost or If card information is leaked or swiped, the cardholder shall bear responsibilities commensurate with the fault of not keeping the credit card properly.

Once a credit card is stolen, most of the responsibility may lie with the cardholder.

2. Suggestions on using credit cards

1. Understand the credit card service agreement before applying for a card, and choose a bank carefully

Some people covet small gifts from banks or For points rebates, they neglect to check the credit of the card-issuing bank, nor pay attention to the credit card service agreement, and lack understanding of the services that banks can provide; some people even hold nearly 10 credit cards and do not understand the services and rules of various cards. , only focus on overdraft limit and bank rebates. If your credit card is stolen, you are likely to be held responsible.

2. Credit card withdrawals use password and signature.

When choosing a credit card, you must first pay attention to the credibility of the card issuing bank, and secondly, pay attention to the credit card's service scope and responsibility.

Currently, various banks have stipulated that credit cards withdrawn with passwords are deemed to have the right to spend. Even if the card is fraudulently used, the cardholder should pay for it. Once the card is fraudulently used, the cardholder will be liable. Take full responsibility.

Withdrawal based only on signature, once the credit card is lost, there is no password protection barrier, and it is easy for the person who picks up the card to withdraw the money in the card, and each bank only bears part of the responsibility for the resulting losses. Part of it has to be borne by the person who lost the card, which makes it easier to cause losses.

With the password plus signature method, even if the card is lost, the password must be cracked first. When swiping the card, the merchant is also obliged to review whether the signature has been reserved, which provides more protection. It is currently the most feasible withdrawal method.

3. Be careful when opening online banking and swiping credit cards

Even if you withdraw money from a credit card with a signature, online banking requires a password. All losses incurred when paying with a password will be borne by the card holder. It is your own responsibility, so when opening online banking, you must pay attention to risk prevention and control.

Now, for the various items we purchase and the various services we reserve at our doorstep, merchants will also have various POS machines. When you swipe your card through the POS machine, your card information will be reserved in the POS. It will give opportunities to people with ulterior motives. This is why some cards are stolen but are stolen.

4. The following measures should be taken after the credit card is stolen

1) Contact the bank to report the loss as soon as possible to avoid further expansion of the loss and transfer the responsibility after the loss is reported to the bank.

2) Immediately call the police, obtain evidence of alibi and the "Report Record Sheet", and prepare evidence for rights protection.

3) Contact a lawyer immediately to minimize possible risks. Don't worry that contacting a lawyer will take too much time. For a simple case, a lawyer can generally clarify the ins and outs within 5 minutes and give corresponding opinions.

4) Repay the loan according to the agreed time.

Many people will think that the money is stolen and does not belong to their own consumption; or they will be dissatisfied with the bank's processing results and refuse to repay the money, which will expand their losses to a certain extent.

Even if the amount is stolen, before the case is solved and a new agreement is reached, the agreement you signed with the bank when you applied for the card still binds you, and you may need to pay for the theft. Pay interest or late fees on the amount swiped.