Disclaimer of SMS for Bank Card Theft

For example, if a bank card is stolen, under what circumstances should the bank take full responsibility? Under what circumstances should depositors pay for their responsibilities? If the bank card is stolen due to the negligence of the depositor in keeping the bank card or bank card password, the depositor shall bear the corresponding responsibility. (1) I gave my bank card to a very familiar person and it was stolen. There is a legal and effective contractual relationship between depositors and banks. Banks should ensure that the legitimate rights and interests of depositors are not infringed. The depositor's careless custody of the bank account information and password, and the bank's security system can't correctly identify the fake card, resulting in the theft of the deposit, both parties should bear corresponding civil liabilities. The deposit in the depositor's account was taken away with a fake card, mainly because the bank failed to fulfill its obligation to protect the depositor's deposit and transaction and failed to identify the fake card. The bank has a major fault in the theft of depositors' deposits and should bear the liability for breach of contract. However, the suspect needs to obtain the account information in the card when making a fake card, and also needs a password to withdraw money from the ATM. The depositor's bank card password is set by the depositor himself, and he is also obliged to properly keep account information such as bank card and password. The depositor gave the bank card and password to someone he knew very well, which violated the agreement between the depositor and the bank that the bank card should not be transferred or lent. The failure of depositors to properly keep bank account information and passwords is also one of the reasons why bank cards are cloned. Therefore, depositors should also bear corresponding responsibilities. (2) In the process of consumption, the clerk steals the card information, so that the bank card is stolen. For depositors, they normally swipe their cards at the corresponding consumption places, but the bank card information and password are maliciously stolen by criminal suspects. At this point, the fault of bank card information and password theft should be attributed to the negligence of business management, and the depositor himself is not at fault. According to the principle of relativity of contracts, even if a third party breaches the contract, the parties to the contract, that is, the bank, should bear the liability for breach of contract, that is, the bank should bear all the responsibilities for the losses caused by its wrong payment. Of course, after the defendant compensates for the loss, he has the right to ask the relevant responsible party to bear the corresponding responsibility for his loss. (3) If the money stuck in the body is gone, the bank will take full responsibility. As a professional financial institution that issues bank cards, banks have the obligation to ensure the safety of depositors' deposits. Because banks neglect to maintain the security management of bank cards and ATMs, their ATMs can't identify fake cards, which leads to the loss of funds in depositors' bank cards. Banks should be liable for breach of contract and compensate depositors for all economic losses. Legal Experience Editor's Tip: If citizens encounter the case that their bank cards are stolen, they should collect evidence from several aspects from the perspective of rights protection and evidence protection: 1. Call the police in time and notify the issuing bank to reduce losses. 2. Collecting this money is not the evidence that I took or consumed it at the first time. For example, collecting air tickets or other vouchers that can prove that I am in other cities at the time of the transaction; Or go to a nearby bank to check the balance or withdraw money as soon as you receive the SMS notification of transfer, and save the voucher to prove that you are stuck on yourself. In addition, according to the account of criminals, if the bank's management or technical loopholes are used, the bank will bear the responsibility; If the depositor takes advantage of the fault of keeping the bank card or bank card password, the depositor should bear the corresponding responsibility. What if my ID card is stolen? What are the consequences of credit card overdraft?

Legal objectivity:

Provisions of real-name registration system Municipality on Individual Deposit Accounts in this Municipality

Article 7

When opening a personal deposit account in a financial institution, the financial institution shall require him to show his identity document, check and register his name and number on the identity document.

Measures for the administration of electronic banking

Article 89

When providing e-banking services, financial institutions should bear corresponding responsibilities for losses caused by non-customer reasons such as potential safety hazards in the e-banking system and illegal operations inside financial institutions.

People's Republic of China (PRC) Commercial Bank Law

Article 6

Commercial banks should protect the legitimate rights and interests of depositors from any unit or individual.