Under the current legal framework, the liability of all parties for stolen credit cards is as follows:

1. The embezzler-the first responsible person

The relationship between the embezzler and the cardholder is tort liability, and they should be responsible for returning the property in accordance with the provisions of the Property Law and the Tort Liability Law, exceeding a certain amount.

However, the detection rate of this small-scale economic crime is low, and the embezzler can't find it out, so he can't bear the responsibility of returning the money. Therefore, credit card theft eventually becomes the responsibility of the cardholder, the bank and the credit card merchant.

2. issuing bank-responsible person who fails to report the loss in time

the scope of responsibility that the issuing bank should bear is stipulated in the Service Agreement signed by both parties when handling the card. The stipulations of each bank are different. The common point is that the bank is only responsible for the losses caused to the cardholder who fails to report the loss in time, and it is not responsible for anything else.

Recently, in order to attract business, some banks have launched a card loss protection service, in which the stolen credit card within 48 hours (or 24 hours) is liable within the limit (5, yuan or 1, yuan), and strict conditions are stipulated (such as non-password withdrawal and loss reporting at the first time). The responsibility assumed by the issuing bank shall be paid by the contracted insurance company.

3. Card-swiping merchants-responsible persons who have not fulfilled their reasonable auditing obligations

For credit cards that are withdrawn only by passwords, card-swiping merchants have the obligation to check passwords; For a credit card withdrawn by signature, the credit card merchant has the obligation to check whether the signature of the cardholder is consistent with the reserved signature.

Credit card merchants will bear the corresponding responsibilities only when they fail to fulfill the above obligations.

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

According to the agreement signed between the cardholder and the bank, the cardholder shall properly keep the credit card, and once the card information is lost or stolen, the cardholder shall bear the responsibility equivalent to the fault of not properly keeping the credit card.

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

2. Suggestions on the use of credit cards

1. Understand the credit card service agreement before handling the card, and choose the bank carefully

Some people neglect to investigate the credit of the bank that handles the card in order to covet the small gifts or points rebate from the bank, and also pay no attention to the credit card service agreement, lacking understanding of the services that the bank can provide; Even some people hold nearly 1 credit cards, and they don't understand the services and rules of various cards, but only pay attention to overdraft limit and bank rebate. If there is a problem with the stolen credit card, it is likely that all the responsibilities will need to be borne by you.

2. The credit card is withdrawn by password and signature

When choosing a credit card, we should pay attention to the reputation of the issuing bank, and the service scope and responsibility of the credit card.

At present, all banks stipulate that a credit card withdrawn with a password is regarded as having the right to spend. Even if it is stolen, the cardholder should pay for it. Once the card is stolen, the cardholder will be fully responsible.

if the credit card is withdrawn only by signature, once it is lost, there is no password protection barrier, so it is easy for the card picker to withdraw the money in the card, and all those who can report to the police have a part to bear, and the bank only bears part of the responsibility for the losses caused by it, and the other parts have to be borne by the card loser himself, which is more likely to cause losses.

password plus signature, even if the card is lost, the password must be cracked first, and the merchant who swipes the card also has the obligation to check whether the signature is reserved during consumption, which provides more protection. It is the most feasible withdrawal method at present.

3. Be careful when opening online banking and swiping your card

Even if the credit card is withdrawn by signature, online banking needs to be withdrawn by password, and the losses paid by password are borne by the cardholder himself. Therefore, attention should be paid to risk prevention and control when opening online banking.

Now, for all kinds of goods we buy and all kinds of services we make an appointment for home visits, merchants will also hold various POS machines. When you swipe your card through the POS machine, the information of your card will be reserved in the POS, which will give people with ulterior motives a chance. This is why some cards are stuck on the body, but they are stolen.

4. After the credit card is stolen, the following measures should be taken

1) Contact the bank to report the loss at the first time, so as to avoid the loss from expanding, and transfer the responsibility after reporting the loss to the bank.

2) Call the police immediately, and obtain the evidence of not being at the payment site and the Report Record, so as to prepare evidence for rights protection.

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

4) repay the loan according to the agreed time.

many people think that money is stolen, not for their own consumption; Or dissatisfied with the bank's handling results and not paying back, which will expand your losses to a certain extent.

even if the money is stolen, before the case is solved and a new agreement is reached, the agreement signed with the bank when you apply for the card is still binding on you, and you may need to pay interest or late fees for the stolen money.