How can a credit card be stolen? 4 steps to seize "gold 72 hours"

In the past two days, a self-help strategy after the credit card was stolen was hotly transmitted on the Internet. A reporter’s credit card was stolen by three in the form of online consumption for a total of 8,000 US dollars. The card owner first dialed the bank credit card customer service hotline to freeze the card, but the request to cancel the transaction was rejected by the bank. The card owner also called 110 to report the case, but suffered some unpleasant twists and turns. Finally, the card owner negotiated with the three US websites with fluent English, and canceled the transaction to recover the loss.

After the event was fermented online, it was discussed by netizens. Why is it that the cardholder’s bank card has been stolen after it has been stolen, and it is very difficult to settle the claim. In the current situation that the bank card theft handling mechanism is still not perfect, is there an easy way to recover the card owner's loss?

It is difficult to identify the responsibility after theft

In China, because the relevant laws and regulations are not perfect, how to define the responsibility of depositors and banks after the cardholders encounter theft, is always a legal problem. For example, Guangdong’s cardholder card was stolen by more than 2.14 million yuan, of which 2 million yuan was for loans from customers. After the court heard, it was confirmed that the cardholder’s deposit was stolen and was used by others to use the “clone card” POS machine for credit card consumption. To use the bank card to consume and take the existing two conditions are indispensable, one is a legal and valid bank card, and the other is a valid and valid password. The bank did not fulfill its obligation to carefully review and screen the bank card. It accepted the illegally copied bank card for trading, and did not exercise due diligence. The cardholder failed to properly keep the password, resulting in theft of the card and the corresponding fault liability. Therefore, the bank bears 70% of the loss of stolen money, and the cardholder loses 30%.

In fact, it is difficult for cardholders to prove that they have kept their passwords for a long time. In many cases, credit cards are shared between family members, and this violates the card regulations signed with the bank when the cardholder opens the card. At 23:59 on May 13 last year, Ms. Wang’s bank card was transferred to the branch of Sanmenxia City, Henan Province through an ATM machine for 36,700 yuan, and the handling fee was 22.50 yuan. According to Ms. Wang, she was holding her card in Beijing's place of residence. Since the mobile phone was turned off at night, she received a text message from the customer service after the next morning, and she knew that the card deposit had been withdrawn. Ms. Wang asked the bank to assume liability for compensation. The bank said that the surveillance video showed that the bank card was operated by others, but it could not indicate that the cashier was not based on Ms. Wang’s entrustment, nor could it explain that the cashier was not using Ms. Wang’s own bank card. In addition, Ms. Wang admitted that she and her mother shared this card, and the mother also knows the password of this card, indicating that Ms. Wang failed to fulfill her obligation to properly keep the password. Finally, the court decided to impose a 20% responsibility on the loss of Ms. Wang.

The current piracy responsibility cannot be defined. Under the condition that the bank is not forced to bear the risk responsibility, it is easy to investigate the cardholder’s own prevention of negligence by “protection improperly”, and thus the case judgment of the bank card being stolen. The results are varied.

The legal system needs to be improved

Dong Hao, editor-in-chief of the I Love Card Forum, said that foreign credit cards do not need to enter a password when trading, and can only be traded by the cardholder's signature. If the credit card does not have a password, then the credit card that is only signed and lost is lost or stolen, and although it is easy to be stolen, there is no fear of password leakage. In the pursuit of responsibility, first of all, the default user's declaration is authentic, and then the handwriting expert distinguishes the authenticity. If the non-person signature is confirmed, the responsibility is not on the customer. Of course, it is a prerequisite for a credit card to have a password without ensuring the security of the cardholder's account. That is, the bank default cardholder does not use the credit card maliciously.

“After the fraudulent incident, the bank involved will be strictly identified for fraudulent reporting. However, for most users, the probability of such a transaction dispute is still very small, and most of them are terminated. Requiring the bank to deal with it in a timely manner will not cause economic losses. If from this perspective, banks should give users a relatively clear response from the user rather than the process, at least not a cold mechanical language."

Dong Wei said that while China's credit card market is booming, the legal norms of credit card business are in a state of serious lag. Especially in the case of various risk issues of credit cards, the law of supporting the Chinese credit card industry is blank. "China lacks a safe and healthy legal protection mechanism like most countries in the United States and abroad, which leads to a very fierce conflict between banks and users after theft."

He pointed out that in order to fundamentally solve the problem of credit card security thoroughly, it is necessary to learn some practices in the United States and establish an institutional credit card security responsibility mechanism as soon as possible so that the bank card of goodwill users can be safely stolen. Guarantee. At the same time, we must also establish strict criminal liability for the use of bank cards for malicious purposes. Once the cardholder is proven to be using a bank card for malicious fraud, it should also be subject to severe legal sanctions and affect its credit history, so that this behavior is not worth the candle.

Bank card security insurance allows third parties to pay for stolen goods

Then, in the current environment that is unfavorable to cardholders, can the card owner avoid talking to the bank and let the third party pay for the stolen? The answer, of course, is to let the insurance company pay for the stolen.

In 2014, NetEase Insurance teamed up with China Ping An to launch the personal fund account security insurance. If the insured's personal third-party payment account caused direct economic losses due to theft, it could receive a maximum of 500,000 yuan. In the same year, Alipay account security insurance was also launched by Zhongan Insurance. The coverage included the use of Alipay's account balance payment, Yubaobao payment, express payment, Jizhibao payment, credit payment and red envelope payment, and the total total insured amount. Up to 1 million. In 2015, following the Baidu Baifuan, worry-free Pay theft insurance and other products, Zhongan Insurance announced that it cooperated with Xiaomi Payments Co., Ltd. to launch Xiaomi Pirates Insurance, and fully escorted Xiaomi to pay users' account security. Soon after, Alipay cooperated with PICC, Xiaomi and Peace Insurance, and launched bank card security insurance. The maximum payment limit was 500,000 and 1 million respectively.

Today, CCB, Bank of Communications, Postal Savings, Huaxia, Xingye, Guangfa, Minsheng and many other banks have launched credit card products with bank card security insurance. For example, a Bank of Communications credit card is used for users who have signed a “Worry-Free Card” agreement. In the case of a lost or stolen card, the cardholder chooses to verify by sign verification or password+signature only, before the credit card is reported lost. In the case of losses caused by stolen brushing within 72 hours, you can get up to 100,000 yuan/year of compensation per household. For the stolen brush generated by online transactions, the maximum amount of compensation can be up to 20,000 yuan. The agreement costs 4 yuan per month, and the cardholder who signs the agreement can also enjoy instant reminder SMS service for each transaction. Some banks are offering cardholders for Platinum Cards, and they are also entitled to a free card security insurance similar to “No Cards with Cards”.

However, Dong Wei pointed out that as a cardholder, it is fundamental to protect your bank card. You should not rely too much on bank card insurance to “escort” yourself. "Theft insurance service has a lot of exemption clauses, and the right of interpretation and recognition are insurance parties. When cardholders purchase bank card insurance, it is best to carefully study the relevant payment terms, do not see bank card security insurance, think All bank cards will be compensated for the loss of stolen money."

"Golden 72 hours" after stolen brush

The scammers have no shadows, no traces, maybe when you eat a hot pot and sing a song to sleep, there is something that is stuck and money is gone. So what happens if the cardholder is unfortunate? Experts of the Internet Finance Payment Security Alliance reminded cardholders that there is a report of 72 hours of gold after theft. Once the prime time is missed, the difficulty of tracking the suspicious transactions by merchants, banks and public security organs will increase greatly. So the above steps should be completed as soon as possible. Once the cardholder and the bank are in court, the text message recording the amount of the time and place of the fraud is also an important evidence for the court to accept the letter.

first step

Change your account and password immediately. This is something that cardholders can do independently after receiving the SMS message, and it is also an important measure to avoid being stolen again.

Second step

Contact the card issuer the first time, deny your transaction and report the loss/freeze card. Most of the bank's manual customer service calls are online 24 hours a day, and many banks' credit card temporary loss reporting operations can be done by dialing a shortcut. If the loss reporting operation is performed one second earlier, you can eliminate the damage that may be caused by theft.

third step

At the same time as the loss of the card, the cardholder requests the customer service to request the bank, and asks the bank to tell you which merchant the suspicious consumer occurred. Whether it is domestic or foreign, this kind of treatment is not successful every time, but in the online consumer fraud, the customer service of the involved website can process the result faster than the bank customer service, or provide more and stealing transactions. Related information.

the fourth step

Brush it at a nearby ATM or POS machine to prove that the card is at your side, then save the transaction receipt or take a photo of the transaction note.

Finally, report to the nearby police station. It is also an important evidence to prove that "the person card is not separated" by presenting the original card of the bank card to the case-handling person and obtaining the report receipt or the notice of the case.