What should I do if my credit card is stolen?
From a civil perspective, there is a tort liability relationship between the thief and the cardholder, and they should be responsible for the return of the credit card in accordance with the provisions of the Civil Code. liability for the property. From the perspective of criminal law, if the amount of embezzlement reaches a certain amount, it constitutes a crime and needs to bear corresponding criminal liability. A contractual relationship is formed between the bank and the cardholder, and the bank is obliged to provide the necessary safe and confidential transaction environment to protect the cardholder's property security. If a bank fails to fulfill its security obligations, it constitutes a breach of contract and shall bear corresponding liability for breach of contract. Article 196 of the "Criminal Law": Whoever engages in credit card activities under any of the following circumstances and the amount is relatively large shall be sentenced to not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; if the amount is huge or there is For other serious circumstances, the sentence shall be not less than five years but not more than 10 years, and a fine of not less than 50,000 yuan but not more than 500,000 yuan; if the amount is particularly huge or there are other particularly serious circumstances, the fine shall be not less than 5 years but not more than 10 years, and a fine of not less than 50,000 yuan but not more than 500,000 yuan. A fine of not more than 100,000 yuan or confiscation of property: (1) Using a forged credit card, or using a credit card fraudulently obtained with false identification; (2) Using an expired credit card; (3) Pretending to use another person’s credit card; (4) ) malicious overdraft. The term "malicious overdraft" as mentioned in the preceding paragraph refers to the cardholder's behavior of overdrafting beyond the prescribed limit or within the prescribed period for the purpose of illegal possession and failing to return the card after being called upon by the card-issuing bank. Anyone who uses a credit card at the same time shall be convicted and punished in accordance with the provisions of Article 264 of this Law. "Article 264 of the "Criminal Law", if the amount of public or private property is relatively large, or if the property is broken into the house multiple times, carrying a weapon, or pickpocketing, he shall be sentenced to not more than three years, criminal detention or surveillance, and shall also or solely be fined; the amount shall be If the amount is huge or there are other serious circumstances, the penalty shall be not less than three years but not more than ten years, and a fine may be imposed; if the amount is particularly huge or there are other particularly serious circumstances, the fine shall be not less than ten years or more, or the property of the employer and the employee shall be confiscated. After negotiation, we failed to reach an agreement on changing the contents of the labor contract.
My credit card has been stolen by someone else. Where can I report it to the police?
If my credit card has been stolen by someone else, I can go to the local government. Call the police at the police station.
Don’t panic if your credit card is stolen. You can reduce your losses through the following methods:
1. Contact the customer service staff of the card-issuing bank and inform them that the card has been counterfeited. . At this time, after the customer service staff verifies that your identity information is correct, they will take the initiative to control the card and then take the following measures:
1.1 Go to the nearest ATM machine to make an inquiry transaction;
1.2 Call the police;
1.3 Copy the ID card used to apply for the card;
1.4 Fax the alarm record and ID card to the designated fax number of the card-issuing bank.
This is for this purpose. Prove that the credit card is now in the hands of the customer, and that the customer was not at the place where the counterfeit transaction occurred at the time of the counterfeit transaction.
With the above evidence, the card-issuing bank can generally determine that the customer's card was stolen after being recorded. It is a personal fraud of the customer.
2. If it is confirmed that the card was stolen by criminals, the card issuer will cancel the customer's card and issue a new card to the customer. At the same time, it will check whether the funds have been cleared from the card issuer. , will be intercepted. This step is very timely.
3. The staff of the card issuing bank’s operation department will contact the acquiring bank through the card organization to first try to freeze the transaction funds to the acquiring merchant. , and require the POS signature to be retrieved to verify the signature. In this process, the freezing of small-amount occasionally disputed transactions may not be successful.
4. At the same time, the anti-fraud personnel of the card issuing bank's risk control department target the customer. Combining the fraud situation and historical transaction records with other counterfeit transaction data within a certain period, we can screen out credit card fraud merchants. As long as the data is large enough, major credit card banks such as the five major banks and China Merchants Bank can generally identify the fraudsters quickly. Register the merchant.
5. After completing the above process, the card issuing bank’s deduction personnel will apply for deduction from the card organization for some transactions based on various evidences that are beneficial to them. After several rounds, if successful. , you can avoid a loss.
6. For merchants that are found to have stolen cards after investigation, the acquiring bank will decisively close them.
Of course, many crimes are not committed by merchants. They may be individual cashiers or hacker groups who use WiFi in supermarkets to invade their systems, intercept supermarket POS transaction information, and sell the information to counterfeit card criminals. In fact, this kind of large-scale crime is the main channel for bank card information to be leaked.
7. If the issuing bank and acquiring bank did not freeze the liquidation, the criminals were not found. Sorry, the card issuer will be held responsible.
What should I do if my credit card is stolen? Measures must be taken immediately!
Credit card is an important financial tool. In daily life, it can be used for payment, consumption, loan installment, and you can also enjoy many welfare loans. However, credit cards also have security risks. Once they are stolen by others, the losses may be very serious. Therefore, if you find that your credit card has been stolen, you must take immediate measures.
1. Call the customer service of the card issuing bank immediately and explain that the credit card has been stolen overseas. The customer service will freeze the credit card after verifying the identity to avoid further theft.
2. Then the customer service will ask for evidence collection to prove that the card is with you and the off-site consumption has nothing to do with you. Then you can make an inquiry at a nearby ATM machine, because if the card is frozen, the transaction will fail, and you need to save the receipt of the failed transaction as a voucher.
3. After the bank proves that the credit card has indeed been stolen, it will report the situation to the anti-fraud department, which will contact the merchant to recover the money. If the funds have not been cleared, the bank will ask the settlement party to cancel the transaction. , and then the stolen money will be returned to your account.
The above is a common method for credit card fraud. It is really effective but takes a long time. Moreover, when encountering some banks, they will get into trouble and will not admit that your credit card has been stolen or that it is the bank. Regarding the issue, we still need to find other ways to continue to follow up.
In short, in order to avoid this situation, you must pay attention to card security when swiping cards overseas. Do not let the card leave your sight when swiping the card, and always pay attention to the cashier's actions. Once you find that they have Suspicious behavior should be banned immediately to prevent card information from being stolen.
What should I do if my credit card is stolen?
1. What to do if your credit card is discovered to have been stolen
1. Report the loss. No matter how you discover that your credit card has been stolen, the first step is to call the bank's customer service number immediately to report the loss. In fact, reporting the loss is the most important, so that you can enjoy the lost card protection service launched by the bank.
2. Go to the ATM to check the money. After reporting the loss, you don’t need to replace the card first. Instead, you can go to the nearest ATM to find out your credit card balance. At the same time, this is also the most beneficial evidence to later prove that the card is with you and your location, because the bank can retrieve it. Your inquiry records and video can prove that you were not at the scene of the crime at that moment, and you also had the card with you.
3. Ask the bank to provide important documents. Find a location with a fax machine, use the fax machine phone to call customer service again, and ask customer service to help you fax two important documents. "Account Inquiry Statement" and "Additional Instructions for Non-Personal Transactions".
4. Report the crime. Usually when you report a crime to an ordinary police station, they will not accept it and will pass the blame on each other. The card owner can report the crime directly to the JC bureau of the card issuing center in the city where the card was applied for. If you don’t know the area you belong to, you can call customer service and ask him to provide you with the area. The purpose of reporting a case is to help you add evidence to the bank's chargeback application process and increase the possibility of a successful chargeback application.
5. Request the police station to file a case and provide a receipt. Bring the receipt given by the police to the card issuance center and ask for investigation.
Only when all of the above procedures are met, compensation for fraud is most likely to be realized. Do not panic after being stolen, but press forward step by step to safeguard your effective rights and interests.
2. Resolution of litigation procedures
After the cardholder hears such civil cases, he first needs to determine whether the transaction involved is a counterfeit card transaction. Counterfeit card transactions refer to the behavior of others stealing the cardholder's bank card information and password, and making purchases, cash withdrawals or transfers by forging or altering bank cards.
In the case of counterfeit card transactions, who is responsible for the loss of funds in the cardholder's card needs to be judged comprehensively based on relevant evidence.
How to recover a stolen credit card
Theft of a credit card should be reported to the police. From a civil point of view, there is a tort liability relationship between the embezzler and the cardholder, and they should be responsible for returning the property in accordance with the provisions of the law. From the perspective of criminal law, if the number of people reaches a certain amount, it constitutes a crime and requires corresponding criminal liability. The bank forms a contractual relationship with the cardholder and is obligated to provide the necessary safe and confidential transaction environment and protect the cardholder's property security. If a bank fails to perform its security obligations and constitutes a breach of contract, it shall bear corresponding liability for breach of contract.
The earliest credit card appeared at the end of the 19th century. In the 1880s, the British clothing industry developed so-called credit cards, and the tourism and business sectors followed suit. However, the cards at that time could only be used for short-term commercial credit, and the money still had to be paid as and when used. Long-term arrears were not allowed, and there was no credit line.
A credit card is generally a special carrier plastic card with a length of 85.60 mm, a width of 53.98 mm, and a thickness of 1 mm. The name of the card issuer, validity period, number, cardholder name, etc. are printed on the front, and there is a chip on the back. Magnetic strip, signature strip. Cardholders can use their credit cards to shop and spend money with special entities and deposit and withdraw cash from banks.
It is said that one day in the 1950s, American businessman Frank McNamara was entertaining guests for a meal in a New York hotel. After the meal, he found that he had forgotten his wallet and had to call his wife to bring cash. McNamara came up with the idea of ??starting a credit card company because he felt embarrassed about paying the bill at a restaurant. In the spring of 1950, McNamara and his friend Schneider invested US$10,000 to establish the "Diners Club" in New York, the predecessor of Diners Club. Diners Club provides members with a card that can prove their identity and payment ability. Members can use the card to record their purchases at 27 designated restaurants without having to pay cash. This is the earliest credit card. This kind of credit card that does not require bank processing is a commercial credit card.
In 1952, Franklin National Bank in California, USA, was the first financial institution to issue a bank credit card, becoming the first bank to issue a credit card.
In 1959, Bank of America issued the Bank of America card in California. Since then, many banks have joined the ranks of card-issuing banks. By the 1960s, bank credit cards were quickly welcomed by all walks of life and developed rapidly. Credit cards became popular not only in the United States, but also in the United Kingdom, Japan, Canada and European countries. Since the 1970s, Hong Kong, Taiwan, Singapore, Malaysia and other regions have also begun to handle credit card services.
That’s it for the introduction of how to deal with credit card fraud.