Mailings and calls from scammers are the most popular bank card fraud scheme today, as noted by Deputy Chairman of the Central Bank Dmitry Skobelkin.
Attackers contact gullible compatriots, pretend to be employees of a financial organization and, under various pretexts, lure out bank card data and usernames and passwords for logging into a mobile bank, and then clean out citizens’ accounts. Is it possible to return stolen money if you trust the scammers and tell them confidential information? AiF.ru asked the lawyers this question.
Questions and answers What is the danger of paying with a bank card without entering a PIN code?
“You named the data yourself - it’s your own fault”
According to lawyer Vladimir Postanyuk , when the owner of a bank card provides third parties with bank card details, the financial organization is not responsible for the loss of money.
Lawyer Andrei Lisov adds that every agreement of every bank stipulates that the owner is responsible for transactions on a bank card .
“By law, the bank is not obliged to reimburse the amounts of unauthorized transactions if the client violates the procedure for using a bank card and Internet banking. Such a violation is possible in the following cases:
- communication to third parties of your bank card details, PIN code, login, password and (or) means of confirming transactions in the Internet bank, as well as careless storage of the card and information about the PIN code (login, etc.), as a result why third parties gained access to them;
— paying for a purchase in an online store from a computer infected with a virus that transmits bank card details to fraudsters,” says Postanyuk.
In other words, if fraudsters got into your account with your permission (that is, not as a result of a network failure or hacking), the financial institution will refuse to return the money. “After all, no one forces a citizen to disclose confidential data to unknown persons,” explains Lisov.
“Judicial practice shows that Russian courts also take the side of banks, since they understand the guilt of citizens themselves in providing access to cards and accounts to third parties,” the lawyer emphasizes.
Fraudulent "telephone operators". How scammers steal money from bank cards Read more
How to protect yourself from scammers?
It is very easy to fall for the trick of scammers, because... they try to hide. Websites often appear with a description of a particular company with customer reviews. But before purchasing a product online, you should check the information.
Information can be verified through the official website of the Federal Tax Service. If you don’t have the details of the right company, you should think about making a purchase. It is recommended to purchase products from companies that have existed for more than a year. It is also better to find information about the company's reputation.
It is worth paying attention to Yandex. Market". It is used by people to sell their things. Before purchasing, you must first check the website address. You only need to visit official sites, because... others may be fraudulent.
As for the official website address, scammers can create copies of it. The address allows you to discover such a site. Any change in it, even one character, indicates a copy.
What methods do scammers use?
Fraudsters are constantly coming up with new methods. People need to know them so as not to fall for their trick in the future. The following methods are known:
- Call the victim. The scammer may introduce himself as a daughter or son and ask the parents to urgently transfer money. In such a situation, it is important to make sure that it is not someone else calling. In case of transfer, you should not count on a refund.
- Blocking a bank card. Sometimes you may receive messages about your bank card being blocked. To unblock, you need to transfer funds to the specified number. Banking organizations do not use this method.
These are just some of the scam methods. Nowadays, most deception occurs on the Internet. It is important to verify information before making any transactions.
It turns out that there is no chance of a refund?
However, according to Lisov, this does not mean that it is not worth fighting for your money: citizens still have the right to a trial. There are known cases when financial organizations themselves have leaked customer data into the hands of scammers who used this information to deceive citizens.
Moreover, as Svetlana Burtseva, Chairman of the Burtseva, Agasieva and Partners Law Firm of the Moscow Region Chamber of Lawyers, says, there are also cases where scammers voluntarily returned money to their victims. “True, these are rare cases and they required some effort on the part of the victim. For example, activity on social networks and forums can help identify the fraudster, who, fearing criminal prosecution and a criminal record, can pay damages,” she shares.
Also, according to Burtseva, the law obliges the bank to first return the stolen money, and only then conduct proceedings to return the erroneously transferred funds, taking into account all the existing circumstances of the fraudulent operation.
Of course, banks are reluctant to immediately return funds to victims. “Valuable bank clients and clients whose amount of stolen funds does not exceed possible legal costs have a better chance. Also, large banks, not wanting to spoil their reputation, try to return funds to the client, especially if he provides evidence of his non-involvement in the unlawful transaction,” explains Burtseva.
How to block a card if the bank does not respond? More details
Internet fraud
The most common and unsafe include:
- Anything that creates a feeling of pity. In such cases, the information is usually not checked, because emotions have a strong influence, and a person may not translate, but help in dissemination. Disclosure is carried out through verification of information and long-term observation.
- Personalized information. Before deception, attackers study the object for further use of the information received. So, after studying the hacked correspondence, the fraudster will use it. He will ask for financial assistance, arguing its necessity. You can expose him by calling a person directly on his phone.
- Clicking on malicious links that do not require entering information. So, you can connect a paid subscription and become infected with a virus. Funds can also be transferred from a linked card. The disclosure is made by checking the characters in the resource address. If the transition was completed and seemed suspicious, you should immediately check your phone. A timely detected threat will ensure security.
What to do if money is stolen from your card?
The first step is to contact the bank, report the unauthorized withdrawal of money and ask to stop the transfer of funds. Blocking the card won’t hurt either (if the scammers haven’t completely cleaned out the account). Important: you must contact a financial institution within 24 hours of the fraudulent transaction.
“It is not always possible to stop the operation, since the transfer of money takes little time. And if the transaction took place through a correspondent account when transferred to another bank, then the funds have already gone there and it will be difficult for the bank to return the money,” says Burtseva.
Article on the topic
Pitfalls of cashless banking. What mistakes do we make with a bank card?
Responsibility for telephone fraud
Telephone fraud, depending on the size of the stolen item and other circumstances of the act (for example, whether there are signs of a crime or not), may result in administrative or criminal liability.
Based on Part 1 of Art. 7.27 of the Code of Administrative Offenses of the Russian Federation, petty theft of someone else’s property, the value of which does not exceed one thousand rubles, by theft, fraud, misappropriation or embezzlement in the absence of signs of a crime shall entail the imposition of an administrative fine in the amount of up to five times the value of the stolen property, but not less than one thousand rubles, or administrative arrest for a period of up to fifteen days, or compulsory work for a period of up to fifty hours. According to Part 2 of this article, petty theft of someone else's property worth more than one thousand rubles, but not more than two thousand five hundred rubles, through theft, fraud, misappropriation or embezzlement in the absence of signs of a crime shall entail the imposition of an administrative fine in the amount of up to five times the value of the stolen property, but not less three thousand rubles, or administrative arrest for a period of ten to fifteen days, or compulsory work for a period of up to one hundred and twenty hours.
In addition, on the basis of Art. 7.27.1 of the Code of Administrative Offenses of the Russian Federation, causing property damage to the owner or other owner of property by deception or abuse of trust in the absence of signs of a criminal offense shall entail the imposition of an administrative fine in the amount of up to five times the cost of the damage caused, but not less than five thousand rubles. Article 159 of the Criminal Code of the Russian Federation provides for various types of criminal liability for fraud, depending on specific circumstances.
According to Part 1 of this article, fraud is punishable by a fine in the amount of up to one hundred twenty thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to one year, or by compulsory labor for a period of up to three hundred and sixty hours, or by corrective labor for a period of up to one year, or restriction of freedom for a term of up to two years, or forced labor for a term of up to two years, or arrest for a term of up to four months, or imprisonment for a term of up to two years.
The qualifying signs of telephone fraud, for example, are the following:
- committed by a group of persons by prior conspiracy, as well as causing significant damage to a citizen;
- committed by a person using his official position, as well as on a large scale, etc. These and other signs specified in Part 2 - 7 of Art. 159 of the Criminal Code of the Russian Federation, entail more severe liability up to imprisonment for up to ten years.
If the actions of a person in fraud, embezzlement or embezzlement, although formally containing signs of the specified crime, due to their insignificance did not pose a public danger, then the court terminates the criminal case on the basis of Part 2 of Art. 14 of the Criminal Code of the Russian Federation (clause 33 of the Resolution of the Plenum No. 48).
What if the bank refused to refund the funds?
If the bank nevertheless refuses to return the funds, it is necessary that this refusal be formalized in writing: this is necessary for going to court.
“In addition, you can file complaints with the Bank of Russia and Rospotrebnadzor. As a rule, banking organizations, not wanting to quarrel with these structures, prefer to resolve the issue with dissatisfied clients peacefully.
But if it is impossible to return the money by going to the bank or going to court, then in such a situation the only hope remains is with law enforcement officers who can detain the scammers. And then the scammers, if they wish, can compensate for the damage caused. But you need to understand that in practice this also rarely happens,” explains Lisov.
Is it possible to return money sent to the scammer’s account?
Let's talk in more detail about how to return money transferred to scammers based on the frequency of questions asked, and most of them are about returns from Sberbank, Qiwi wallet and the Yandex Money service.
How to return money transferred to a fraudster on a Sberbank card?
There are detailed instructions: “Methodological recommendations on the procedure to follow in the event of theft of funds”, approved by the Association of Russian Banks and despite the fact that it is from 2012, the information is relevant to this day.
It literally describes step by step how to return money transferred to scammers not only to individuals, but also to private entrepreneurs and companies. I have written down for you some of the main points that need to be applied, namely:
- Once the theft has been detected, completely turn off the power to the gadget connected to remote banking services. Remove the battery from it.
If you have a power steering model from which, according to the documents (technical passport, etc.), it is impossible to get the battery, do not do this. De-energize as per standard procedure.
- Revoke the transfer using another gadget and block remote banking services.
- If the withdrawal does not go through, you should immediately contact the payer’s bank, i.e. the bank with the account from which the money was withdrawn. Write an application to revoke a payment, return written-off funds, or block RBS.
- Ensure that the electronic device that was involved in the theft is not touched. It is advisable to put it in a plastic bag and seal it, and film or photograph the process.
- Inform the banks with which you have contractual relationships that provide for remote servicing about the theft of funds. Contact them to request that all key information be replaced.
- Obtain from your Internet provider an electronic log of connections to the Internet and local area network three months before the theft.
- Prepare a written explanation of what you did in the immediate period before the theft: what websites you visited, downloaded programs, movies.
- Contact the police about the fact of theft with a request to initiate a case.
- Write a statement of claim to the court.
Before the last two actions, it would be better to consult with a lawyer, especially if the amount of damage is large.
If the police do not accept the statement, you can try to write to the prosecutor's office. The application must be verified. If it ends in your favor, the employee will be held accountable.
Still, I recommend reading the text of the manual in full; this will give you a more complete understanding of what to do if you transferred money to a fraudster’s card, and how to return it. Moreover, this is an approved form and can be quoted to negligent bank employees, for example.
Refund of money in case of transfer to Qiwi wallet or Yandex Money
Here we should immediately make a reservation that QIWI has taken the position of “it’s my own fault” and does not make refunds based on user complaints, at least in our practice, despite the fact that on the support page there is a methodology for user actions and a promise of help.
Nevertheless, it’s still worth writing or calling QIWI wallet technical support, this way you will at least block the scammers’ wallet.
With the Yandex Money service, things are much better; in most cases, depending on which operator accepts your request, the issue is resolved successfully, telephone support.
You can submit a complaint on the Yandex Help page, where you should describe the situation in detail and clearly, attach screenshots so that the service specialists can understand you and correctly understand the situation, and therefore promptly help.
Therefore, if we summarize and answer the most frequently asked question on the blog, where users are interested in whether it is possible to return money sent to scammers, I can definitely say it is possible.
How to prevent theft?
Due to gullibility and lack of vigilance, compatriots literally give scammers “the keys to the apartment where the money is” - bank card details - and are left without money, some begin to sue the banks. To save yourself from such troubles, remember a simple rule: never tell anyone your card details, passport details, login and password from your personal account. Even if you receive a call from the bank’s “security service,” politely inform that you cannot talk right now, hang up and call the bank back yourself using the hotline number indicated on the card.
No additional information is needed for translation (for example, when making purchases on free classifieds sites). All you need is a card number (and sometimes a mobile number).
Contact the operator
But if the money has already been transferred to the cellular operator, then the bank is already powerless here - you will have to contact the operator.
Large players have special functionality that allows them to automatically transfer erroneously paid funds to the correct number. To do this, you should go to the website of the operator (servicing the phone to which you accidentally sent money), find a special section and read the information about the procedure for returning a payment.
“By dialing the short number indicated on the website, you must follow the instructions of the automatic informant. But these services operate under certain conditions set by each operator independently. These may include, for example, the number of incorrectly dialed digits, the deadline for applying for a refund, the maximum amount of the transferred amount,” explains Tanina.
Russian legislation does not provide for universal rules for refunds and their conditions, designed for all telecom operators without exception.
How to find out why money is being withdrawn from your phone? More details
If you transferred more than 500,000 rubles
and you need help in collecting funds that you mistakenly transferred to someone else’s card - call me at :
Mobile:
Call from 9 - 18 Moscow time.
or write in a personal VKontakte, I’ll advise you - vk.me/proavant
PS The information is relevant today.
The world is changing, and so are the laws!
Blog author
Mingaleev Ilyas
Lawyer for debt collection in Kazan and Tatarstan. Experience in the Ministry of Internal Affairs - 5 years. Experience in jurisprudence - 10 years. Read more about our services here
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