Can I claim losses from the bank if my bank card is stolen? No matter what the situation is, will I pay?

Banks that commit financial fraud due to illegal leaks shall compensate for the losses. If the bank card is stolen without timely notice, it shall compensate for the losses. If the user signed a SMS reminder service with the bank, the bank card was stolen and failed to send a SMS reminder to the user in time, so that the user could stop the loss in time. Even if the bank did not disclose relevant information, the bank should be responsible for the loss. If it is impossible to prove that the bank card was stolen in a different place, it shall compensate for the losses. The bank card is suddenly stolen in a different place, and the burden of proof lies with the bank. If the bank can't prove that the user lost the credit card and leaked the password information, it is a fake card transaction, and the bank should bear the responsibility.

If a bank causes financial fraud due to illegal disclosure, it shall compensate for the losses. Xianglin's company opened a bank card for employees in a bank to pay their salaries. 20 18 65438+ 101Xianglin suddenly received a phone call claiming to be a bank customer service, saying that there was something wrong with her bank card, and asked Xianglin to follow the prompts and improve the data. Xiang Lin saw that the other party could accurately tell his name, ID number and bank card number. He did it, but the bank card salary was cheated. After investigation, the criminals were able to understand the detailed information of Xianglinsao, which was caused by the bank staff's illegal disclosure. Banks should be liable for compensation.

Article 34 of the Tort Liability Law stipulates that the staff of the employing unit shall bear tort liability if they cause damage to others because of performing their work tasks. As a professional institution of financial business, banks are in an obvious dominant position in savings business such as salary cards, and customers are in a relatively dominant position. Therefore, bank staff should strictly abide by the workflow, business operation norms and confidentiality obligations when handling related businesses. There are loopholes in the internal management of banks, and the staff have leaked secrets seriously, which has led to opportunities for criminals. Although customers have not fulfilled their due diligence obligations, it is hard for banks to blame them. If the bank card is stolen without timely notice, it shall compensate for the losses. 2065438+On February 5, 2008, Liao Qianru suddenly received four short messages on her mobile phone, saying that her bank card deposit had been withdrawn four times the day before 1.99 1 10,000 yuan. Facts have proved that the bank card of the third-party payment platform was stolen because its account and payment password were leaked. Liao Qianru believes that if the bank agrees to the SMS reminder service, if the bank can inform the changes in the funds in the card through SMS in time, at least the criminals will not be allowed to commit crimes within three hours before and after, and the bank will be required to pay compensation, but the account and payment password will not be disclosed without the consent of the bank. Rejected.

Banks should be liable for compensation. The Notice of China Banking Regulatory Commission and China People's Bank on Strengthening the Cooperation and Management between Commercial Banks and Third-party Payment Institutions requires: "For customers who reserve their mobile phone numbers and set SMS notifications, commercial banks should check whether the mobile phone numbers provided by third-party payment institutions are consistent with the mobile phone numbers reserved by banks when customers pay." The customer is stolen due to the disclosure of the account and payment password of the third-party payment platform, which generally has nothing to do with the bank. However, since the bank and Liao Qianru agreed on SMS reminder, the bank should fulfill the obligation to inform the changes of funds in the card in time, so as to facilitate customers to take remedial measures in time, and the bank must be responsible for the expansion of losses caused by failing to fulfill the reminder obligation.