Recently, the Pingxiang Intermediate People's Court in Jiangxi Province concluded a bank card dispute case. In this case, the funds in the cardholder Liao Moulin's bank card were transferred to a digital wallet account that he had never used and could not open locally. The court ultimately ruled that the bank shall bear 80% of the compensation liability for the losses suffered by the cardholder, and the cardholder shall bear 20% of the compensation liability. On August 10, 2016, Liao Moulin applied for and processed the bank card involved in the case at a certain bank branch. On July 11, 2023, Liao Moulin's identity information was falsely used by others to register a digital RMB App account outside the province. On the same day, the bank account involved in the case was illegally linked to a digital wallet account by someone else without Liao Moulin's knowledge. Subsequently, from 23:53:10 on July 19, 2023 to 00:18:42 on July 21, the 44995 yuan funds in the bank card account involved in the case were stolen and transferred out in 18 separate transactions. On July 24, 2023, Liao Moulin immediately reported the abnormal deposit to the police station, and the public security organs immediately filed a criminal case for investigation. Due to unsuccessful negotiations with the bank for compensation, Liao Moulin filed a lawsuit with the court, demanding that a certain bank branch compensate for the losses. After trial, the court believes that the circumstances of this case comply with the provisions of Article 7 of the "Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Civil Disputes over Bank Cards"; The existing evidence is sufficient to prove that the 18 transfer transactions involved in the case are online fraud transactions, which were not operated or authorized by Liao Moulin himself; The digital wallet involved in the case was registered and established by someone else under the identity information of Liao Moulin, indicating that Liao Moulin did not properly safeguard his identity information. After the bank card was stolen and swiped, he also failed to detect any abnormal bank card transactions in a timely manner, which caused some fault for his own losses. Based on this, the court made the above judgment. The verdict has now come into effect. The judge stated that the digital age has provided more technological support and convenience for the lives of the general public, but new types of bank card theft and other criminal activities have also emerged. Citizens should effectively protect their identity information and bank card information, and should not click or log in to unknown websites at will. Once their bank card is stolen, the cardholder should immediately take the following measures: report the loss immediately, call the bank customer service phone number or freeze the account through the mobile banking app to prevent further losses; Report to the public security organs in a timely manner, keep the report receipt, and prove that the bank card is still in one's custody and that the unauthorized consumption was not done by oneself; Save evidence of fraudulent SMS notifications, and conduct inquiries or small transactions at nearby ATM machines or bank branches to prove that the real card has not been lost and that my location does not match the fraudulent location; Finally, contact the bank and protect your rights in accordance with the law. (New Society)
Edit:Wang Shu Ying Responsible editor:Li Jie
Source:Rule of Law Daily
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