Is the bank responsible for the credit card being stolen by others?

If someone steals a credit card and activates it, should the bank be responsible? On this issue, netizen Qin said that he had experienced it.

Qin applied for a credit card from a bank, reserved his mobile phone number and home phone number, and the card was mailed to his home address for collection. Subsequently, Qin received a short message informing that the bank credit card had been approved.

A few days later, Qin received a text message saying that the courier had been collected by the property, but he did not find the courier when he went to the property inquiry. The next day, Qin received a SMS notification that the credit card had been activated. A few minutes later, he received a message that his 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 organ, paying the fee and interest of * * * 20,660 yuan.

After repeated investigations by the public security organs, the suspect Ling was successfully arrested. Lingmou once went to the bathroom in the north gate of the community where Qin lived, stole the bank credit card express of the victim Qin, and obtained Qin's identity information by paying others. Activate the credit card the next day and cash out 20,000 yuan through the POS machine.

Qin appealed to the court, demanding 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 process of stealing and activating the credit card, and the credit card was not used by itself.

Is the bank responsible?

Under normal circumstances, the cardholder should bear the responsibility for the loss caused by the theft of the real card by others, but the special feature of this case is that the real card is still inactive. There are program design flaws and technical loopholes in the process of credit card mailing and credit card activation audit, which leads to unauthorized activation application by someone other than myself. Therefore, the bank is responsible, and the user can reduce or exempt the responsibility of the bank within the scope of fault.

Cai Xiao believes that banks, as providers and service providers of credit cards, formulate and design transaction rules, transaction processes and transaction elements, and relevant equipment and technologies to support transaction completion are also under the control of banks. Compared with individual users, banks are more capable and qualified to prevent risks, and have the obligation to provide users with security protection, while users have the incidental obligation to inform them of abnormal changes in their accounts.

Cai Xiao reminded cardholders to pay close attention to the credit card review and delivery process after applying for a credit card, and take timely measures such as reporting the loss and calling the police when receiving abnormal account information to prevent the loss from happening or expanding. At the same time, in the process of credit card application, the issuing bank should improve the awareness of safety protection and technical means to ensure that the cardholder will activate it automatically after receiving the credit card.