If the credit card is stolen by others and the card is activated, is the bank responsible? Regarding this issue, Xiaocai netizen Qin said that he had experienced it.

Qin applied for a credit card from a bank and reserved his mobile phone number and home phone number. The card was collected by mailing it to his residential address. Later, Qin received a text message notification from the bank that the credit card had been approved.

A few days later, Qin received a text message that the express delivery had been collected by the property management company, but when he went to the property management company to inquire, he could not find the express delivery. The next day, Qin received a mobile phone text message notification that the credit card had been activated. A few minutes later, he received a mobile phone text message notification that the credit card had been swiped for 20,000 yuan. Qin immediately reported the loss of the credit card and reported it to the public security agency. Paid expenses and interest*** 20,660 yuan.

After various investigations by the public security organs, the criminal suspect Ling was successfully captured. Ling once went to the north gate guard room of the community where Qin lived, and took the opportunity to steal the bank credit card express of the victim Qin, and passed it to Others paid to obtain Qin's identity information, activated the credit card the next day, and cashed out 20,000 yuan by swiping the card through a POS machine.

Qin sued the court and requested that a bank be ordered to return 20,660 yuan and compensate for the loss of interest on the grounds that the bank had security loopholes in the credit card theft and activation process and that he did not use the credit card. .

Is the bank responsible?

Under normal circumstances, the holder should be responsible for the losses caused by the theft of the real card by others, but the special feature of this case is that the real card is not Inactive for use. The bank has program design flaws and technical loopholes in the process of mailing credit cards and reviewing credit card activation, which results in non-personal and unauthorized activation applications being allowed. Therefore, the bank should be held responsible, and the user can reduce or exempt the bank from liability within the scope of the fault.

Xiaocai believes that as a credit card provider and service provider, banks formulate and design transaction rules, transaction processes, and transaction elements, and the relevant equipment and technologies that support transaction completion are also under the control of banks. Compared with individual users, banks have more capabilities and conditions to prevent risks in terms of program design and transactions, and are obliged to provide security protection for users, while users have accompanying obligations such as notification of abnormal changes in their accounts.

Xiaocai reminds holders to pay close attention to the credit card review and delivery process after applying for a credit card. When receiving abnormal account information, they should promptly take measures such as reporting loss and calling the police to prevent the occurrence or expansion of losses. At the same time, card issuing banks should improve security protection awareness and technical means during the credit card application process to ensure that the holder can activate the credit card after receiving it.