What happened when the bank card was stolen and the woman was compensated for her calm operation?

According to media reports, Hangzhou girl Xiaokang suddenly received a debit card consumption message while swiping Weibo. It shows that her card was swiped five times in Dubai and the United States, 1 * * * 65438+ ten thousand yuan. Xiaokang is in no hurry. After dawn, she called the police first, then went to the bank to deposit 100 yuan, and then began to negotiate with the bank.

Xiaokang contacted the issuing bank for compensation, and the bank refused to pay. "On the day of reporting the case, I deposited 100 yuan in the bank card, which can prove that I am in China and the bank card is with me. The cost of going abroad several times is not my own expense. " During the trial, Xiaokang believed that the bank should make compensation.

The bank believes that it is Xiaokang's own fault that Xiaokang's bank card was stolen. Xiaokang has not updated or modified the password for a long time after setting the password for the bank card, which does not rule out the possibility that the password will be leaked; Xiaokang's bank card is a magnetic stripe card and has not been upgraded to a chip card. If you operate a magnetic stripe card through an ATM outside China, there is a great risk of being copied and stealing information.

Xiaokang does not agree with the bank's statement. She said,? When opening overseas business, banks allow cardholders to use their cards abroad. Just because the cardholder has used the card through an ATM outside the country, it cannot be considered that it is the cardholder's fault that the information is copied. After the court heard the case, it supported all the claims of Xiaokang according to law.

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Reasons for the court to support all claims:

In this case, the debit card held by Xiaokang had many transactions abroad, and Xiaokang deposited 100 yuan into the debit card involved in the case in China on the same day. It can be concluded that Xiaokang was in China and held the debit card involved in the overseas transaction, and the above overseas transaction was not done by Xiaokang.

At the same time, there is no evidence to prove that Xiaokang has leaked the transaction password in this case, so it should be considered that the theft of the debit card involved was caused by others taking advantage of the security risks of financial institutions, and Xiaokang has the right to ask the bank to bear the corresponding liability for compensation. Therefore, the court ruled that the bank should compensate the well-off loss and the corresponding interest.

Finally, the judge also said that, of course, not all deposits are "missing" and banks should bear the responsibility. Every cardholder also has a natural obligation to protect personal bank cards and password information. ?

In the case that the bank provides necessary security and confidentiality conditions for cardholders (such as setting protective facilities around ATM machines to prevent peeping, etc.). ), the risk and loss of debit card or password loss due to the cardholder's own fault shall be borne by the cardholder.