Credit card fraud reports are piling up on the Internet . Who is liable in such cases ? We give you important information about who is liable, how much, and how you can best protect yourself from them.
Whenever a credit card is used for payment or the data is transmitted to an online shop on the Internet, the data of the credit card is saved and may be viewed by third parties without justification.
If this data is then used by an unauthorized person, this is credit card fraud, which has reached alarming proportions over the past few years, especially on the Internet. However, in some cases the liability for the financial damage incurred lies with the responsible bank.
When is the cardholder liable?
If the card is lost, the holder is liable until the loss is reported to the bank and the credit card is blocked. Even if a credit card fraud takes place on the Internet due to gross negligence, the liability lies with the cardholder himself and the damage incurred must be borne by himself.
Gross negligence occurs, among other things, if the card is accessible and kept together with the pin, data is transmitted lightly by e-mail or non-encrypted pages on the Internet or if the associated pin is noted on the card. Virus protection on your own computer must also be up to date, especially when doing online business.
The bank has the burden of proof of negligence
If there are any irregularities on the account statement and the bank is informed, the responsible bank is required to provide evidence . If the holder of the credit card is not personally responsible for a verifiable credit card fraud, the latter does not have to bear the damage incurred and any additional financial costs resulting from this. However, the bank can set a deductible of liability in its general terms and conditions, which must be borne by the customer in any case, provided that this can be proven at least slight negligence.
However, it should be noted that in the event of a dispute, the customer bears the damage himself until the credit card fraud has been finally clarified.