If fraudsters have stolen money from a bank card, do not rush to the police

Recently, cases of theft of funds from a card as a result of various fraudulent actions, its loss, gullibility and inattention of the owner have become significantly more frequent. This is due to the prevalence of non-cash payment instruments, the development of technologies (including fraudulent ones), and the imperfection of domestic legislation. According to statistics, at least one Russian a day becomes a victim of cybercriminals. What to do if money is stolen from your card? Is it possible to return stolen funds? We will talk about this in this article.

Who will the bank return the money to?

Let us immediately make a reservation that there is a certain mechanism of action when fraudulent transactions are detected. A person who has become a victim of attackers must strictly adhere to these rules. Otherwise, by law, the bank may refuse to fulfill its obligations. So, you can return the missing money if two conditions are simultaneously met:

• The holder strictly followed the rules for using the card and did not violate the recommended security requirements: did not transfer the plastic card to third parties, did not disclose the PIN code to anyone.
• The client notified the bank about the unauthorized transaction(s) no later than within 24 hours after they were completed. This can be done by calling the bank's hotline, as well as directly contacting the branch where the card was issued.

It would be a good idea to contact the police regarding fraud and/or theft. Although this requirement is not reflected in the law, in practice this is exactly the case: many banks try to avoid payments, returning funds to the client, if there is no constant pressure from law enforcement agencies and the press.

Also, if money disappears from the card, you should be prepared for the fact that you will have to prove that you did not violate security rules and did not transfer the PIN code and card to unauthorized persons.

But not only the client has obligations to the bank. According to the law, the bank is obliged to notify the card holder of all transactions on it. The method of notification is specified in the contract for the provision of services, so it would be a good idea to clarify it. Typically these are SMS messages or emails. If the money was written off as a result of fraudulent actions, and the bank did not report the transaction, then you have the right to demand reimbursement of the written-off amount in full.

What to do if you are accused of theft?

If you are accused of theft, then try to find out on what basis you were accused of this act.

If this is an accusation of theft without evidence, then it will be easier for you to defend yourself.

You must be provided with facts that should become irrefutable evidence of your guilt.

That is why you should first make sure that you really did not commit theft.

Read the full article 158 of the Criminal Code of the Russian Federation. Theft.

How are funds stolen?

The list of fraudulent ways to steal money is not that long. Therefore, plastic owners should be aware of how funds are usually stolen. One of the most common is the psychological method of fraud. Attackers gain a person's trust by posing as employees of a bank or other organizations and obtain confidential information necessary to complete a transaction: PIN code, one-time transaction code, passport data. There is no need to even use any special technical means.

The second popular method is to copy data from the magnetic stripe of the card. For this purpose, special compact devices are used - skimmers. They are used when the owner of the plastic transfers it to a third party, for example, to a waiter in a restaurant. Also, devices can be a whole complex of a card holder and a keyboard overlay or a miniature camera that are installed on ATMs and terminals. Fraudsters make skimmers as similar as possible to ATM parts and attach them with double-sided tape.

It is worth mentioning fraud with contactless payment methods. From a card equipped with an RFID chip, funds can be debited automatically as soon as it is within the coverage area of ​​the POS terminal. Data is exchanged between devices, and funds are debited from the account. If the transaction amount is less than 1000 rubles, transaction confirmation is not required. This is the basis of fraud, when an attacker uses high-power terminals capable of contacting radio tags at a distance of several tens of centimeters.

Punishment for theft

The minimum that awaits a thief for theft with entry into a home is a fine of up to 80 thousand rubles, work, arrest for up to four months, or imprisonment for up to two years. Such measures are provided for acts without aggravating circumstances.

In case of theft with illegal entry into premises, the sanction increases to a fine of 500 thousand, forced labor for up to five years, or imprisonment for up to six years. If the victims suffered large or especially large damage (more than 250 thousand and more than 1 million rubles, respectively), the offender can go to prison for up to 10 years and receive a million-dollar fine.

Legislative aspects

Not everyone and not always succeeds in returning funds stolen from a card. This is due to the fact that, according to the law, a transaction in which payment details were used and the correct PIN code was entered is not considered unauthorized. For the bank’s system, such an operation looks completely legal, no matter what the owner of the plastic says.

If you have lost your card or it has been stolen from you, block it immediately, otherwise the bank will regard all transactions as legal. The same applies to card cloning fraud. Therefore, if you have the slightest suspicion that the ATM may be equipped with spyware, do not use it. Otherwise, it will be almost impossible to prove that you are right, and the stolen funds can only be reclaimed from the scammers themselves.

The card has probably been stolen or lost

If you have lost your card or think it has been stolen, block it as quickly as possible so that scammers cannot take advantage of your money. Be especially vigilant if you receive SMS notifications about debits from your card. Do not rush to immediately block the card, but first check the balance in your personal account and account movements. There are often cases when the SMS are fake and no one has written anything off the card yet.

You can block a credit card or debit card using any of the following methods:

1. Call the hotline . The most obvious and most common option for deactivating a card. The number of the issuing bank that issued the plastic can be found on the website. To avoid searching for your phone after losing it, save it in your contacts list in advance. The bank employee will clarify the passport details, the code word, sometimes for identification they can send a code via SMS to the card holder’s mobile phone. After that, it will be blocked, and no unauthorized persons will be able to use it.
2. Via a mobile application. If you have a bank app installed on your phone, you can block your card through the operations menu. This is the fastest way to block and does not even require identification.
3. In your personal online banking account. If you have a computer or laptop at hand, block the card through your personal account on the bank’s website. To confirm the operation, you will need a code that will be sent via SMS to an authorized phone number.
4. By SMS command . Some banks block cards via SMS command. To do this, send the code word to the short number of the bank's service department. The response message will contain a code that needs to be sent to the bank to confirm the operation.
5. At the bank office . A bank specialist can also block access to the missing card. But this will only be done if you have a passport and a written application.

After deactivating the card, you can apply to issue a new one. The money will remain in the accounts and no one will ever withdraw it using the old plastic card.

What to do if money is stolen from your card?

In case of fraud, you must act quickly and strictly according to the law. The bank cannot cancel unauthorized card transactions after they have been completed. But the faster you react to fraud and take appropriate action, the higher the likelihood that the money will be returned.

The order is as follows:

• Call the hotline (support service) of the banking organization and report unauthorized transactions. It is also recommended to immediately block the card so that attackers cannot repeat the payment, transfer or cash withdrawal.
• Contact the bank branch where the card was issued and write a claim to protest the unauthorized transaction. Some banking organizations accept applications by telephone or online. But it is still better to make a personal visit. The claim form for each bank may be different (an employee of the organization will help you with this). The claim should be written in duplicate (or a copy made) so that the bank employee who accepted your application can certify your copy, since it may be useful in court. We remind you that you must write a claim no later than 24 hours after the fraudulent transaction.
• Change passwords in online banking, phone, email and social networks. Since today most applications are linked to email and/or phone, attackers can gain access to your personal data by taking possession of your email or account password on VK, Facebook, Twitter. Therefore, it is better to play it safe.
• Contact law enforcement. Failure to report to the police, if you decide to limit yourself to only contacting the bank, may be interpreted by the court not in your favor. Tell the police in as much detail as possible about the circumstances of the incident. If possible, immediately provide evidence that the fraud was not due to your carelessness.
• Wait for the results of the investigation and the bank's decision. According to the law, citizens' appeals must be considered by a banking organization within 30 days. The deadline for refunding money is not established by law. If there is undeniable evidence of the bank's guilt, the money can be returned within a few days. Sometimes clients have to wait much longer for justice: for several months or even years. That is why it is recommended to contact not only the bank, but also the police, so that work can be carried out simultaneously in several directions.

Of course, banks do not want to lose money, and therefore cases of fraudulent debiting of funds from a card are not always resolved in favor of the client. But large organizations value their reputation, especially when it comes to privileged holders. So in each specific case the outcome of the appeal may be different.

Proof

In order to prove theft , you need to know what was stolen.

If you are the victim of a theft, then depending on what you lost, you can draw up a line of evidence.

Money

How to prove the theft of money?

Cash theft is one of the most common.

They can be pulled out of your pocket, out of your bag, or stolen right with your wallet while you are distracted by something.

There can be many variations of theft.

In order to prove the fact of theft of money, it is necessary to remember exactly which bills were stolen, namely the denomination .

Also, you need to remember where you were at the time of the theft, analyze where the crime against you most likely could have occurred.

Evidence of the theft of money may include witness statements, as well as CCTV footage.

Very often, such thefts occur at store checkouts.

Today, there are video cameras in front of the cash registers that record events taking place at the cash register.

Money in the apartment

How to prove the theft of money in an apartment ?

The theft of money from an apartment is theft, which has such a qualifying circumstance as penetration into the apartment, that is, into the living space.

Agree, the circumstance is not the most pleasant.

How to prove that money was stolen from home?

The fact that money was stolen from an apartment can be evidenced by numerous evidence left behind by the criminals.

So, for example, someone else close to you should know that there was money in the apartment, who could confirm this fact in court.

You should also roughly remember the amount and bills you keep at home.

Also, you must point out the evidence left at the crime scene.

Perhaps this is breaking the door with a master key or simply deforming it.

Perhaps the criminals climbed in through the windows .

One way or another, this set of evidence must be preserved in its original form, so if you discover theft, try not to touch anything.

Property

How to prove theft of property ?

If any property was stolen from you, you must describe it in detail.

Perhaps you know some individual characteristics of the stolen property, so it will be easier for the police to identify the stolen property .

You should also describe the approximate circumstances that preceded the theft.

If there are no witnesses

How to prove theft if there are no witnesses ?

If none of the witnesses can confirm the fact that a theft was actually committed against you, do not despair.

There may be other evidence that will directly prove the theft.

So, for example, if there were surveillance cameras near the place where the theft was committed, then you can try to find evidence on the film.

So, more than once, such surveillance cameras helped identify the criminal who committed theft.

Even if there were no witnesses nearby.

Your clear testimony will be good evidence of theft .

Why can a bank refuse to satisfy a client’s requirements?

This happens most often for one reason - the client violated the recommended rules for safe use of the card: he handed it over to the wrong hands, told someone the PIN code, did not notify the bank about the loss of the card, etc. Banks most often try to prove the guilt of the victim himself. Therefore, it is recommended to strictly follow the rules of use and be prepared to go to court and provide evidence of your innocence.

The second common reason for refusal is violation of deadlines for processing due to missing money. Let us remind you that it is no more than 24 hours from the moment of the unauthorized transaction.

Another point worth considering in detail is when a bank card holder becomes a victim of telephone scammers who pretend to be bank employees. The agreement and rules for using the card stipulate that confidential data (PIN code, login and password for logging into online banking, one-time codes for transactions) cannot be transferred even to bank employees. If the funds are missing due to the fact that the client himself provided all the information, being deceived, the bank does not bear any responsibility for this. By law, you can only demand compensation for stolen funds from the fraudsters themselves after they are caught.

Attempted theft - article in the Criminal Code of the Russian Federation

In accordance with the law, theft is considered to have taken place if the thief stole property and was given the opportunity to use and dispose of it at his own discretion. If the criminal managed to steal valuables, but for reasons beyond his control was unable to dispose of them, the act is considered as attempted theft.

The exception to this situation is robbery. It will be considered completed at the moment the criminal’s attack begins if there are signs under Art. 162 of the Criminal Code of the Russian Federation.

Secret theft as a completed crime is qualified under Art. 158 of the Criminal Code of the Russian Federation. The attempt on his life is being considered in court with reference to Art. 30 of the Criminal Code of the Russian Federation. He received a shorter sentence.

How to prevent fraudsters from stealing money from bank cards?

Of course, all of the above actions in the event of theft of funds from a card are mandatory and, as practice shows, quite effective, but you should not count on one hundred percent leniency of the bank. It is recommended to be attentive and careful to prevent loss of funds. In half of the cases of card fraud, the main fault lies with the owner of the plastic card.

Safety regulations:

• Do not tell anyone your card PIN code, login and password for logging into Internet banking, as well as personal data of email and pages on social networks. Remember that even bank employees never ask clients for passwords and PIN codes.
• Do not write down PIN codes in your phone or on paper, do not store them in your wallet along with cards, because if you lose your bag, you will not only lose your plastic card, but also provide all the codes for it to the person who found it.
• Do not give cards to third parties (sellers, waiters and other service personnel in establishments).
• Use an antivirus and firewall on your computer, smartphone and other gadgets from which you use online banking. Use strong encryption mechanisms and security methods that cannot be exploited by an attacker. For example, use a fingerprint or Face ID authentication instead of a regular PIN or pattern.
• When using your card in a store or when withdrawing money from it at an ATM, enter your PIN so that it cannot be seen by others.
• Pay attention to the terminals and ATMs you use. Today, the method of fraud by cloning bank cards is becoming more and more common. Reading equipment (unobtrusive keyboard overlays, readers and cameras) is installed on ATMs.
• Do not make purchases in suspicious online stores, do not enter payment details on sites that you cannot completely trust. To make online purchases, it is recommended to use virtual cards that can be topped up with the amount of one payment.
• Set limits on non-cash transactions, payments and withdrawals.
• Connect SMS notifications about all card transactions so as not to miss unauthorized transactions.
• Try to minimize card transactions by using alternative payment systems, for example, through a smartphone. Due to their features, they are better protected from fraud, especially if the gadget has a fingerprint sensor.

Remember that no security tool provides an absolute guarantee of protection. If there are large funds on the card, it is better to take extra insurance. Today, many banks offer a bank card insurance service, which provides for the return of funds within the insurance limit (set at the conclusion of the agreement) if the money was stolen due to loss, theft, robbery, etc. Having insurance, it is quite simple to compensate for stolen funds in full or at least partially. However, banks set restrictions on the number of compensation payments, which should not be more than three during the insurance period. So caution in this case will not be superfluous.

Another reliable way to protect non-cash payment instruments is special shielded wallets, wallets and holders. These devices are relevant primarily for contactless cards, from which you can write off money using powerful POS terminals or steal data using grabbers. Inside the secure wallets there is a shielding material that works on the principle of a Michael Faraday cage, which shields radio signals and prevents interaction with the RFID module.

An assortment of such protective accessories is available on the Optex website. We offer options for women, men, youth, tourists, stylish gifts. Our products are not only stylish, beautiful and relevant, but also guaranteed to protect the safety of data.

How to recover a card that was never found

If you haven’t found the card and have already blocked it, order a new one from the bank. Usually reissue takes no more than 10 days; you can receive a non-registered card immediately. In large cities, you can pick up a personalized card even after 1-3 days.

In order to restore a lost card, fill out an application at the bank office or on the official website. Check to see if your servicing bank charges a fee for re-issuing a card ahead of schedule. The new card will be linked to the same bank account, but the PIN and number will be different.

If you no longer want to use your bank account, withdraw money from it and close it. You can order a new card from any other bank when needed.

Credit card 100 days without interest

If we are talking about a credit card, the bank will check that several conditions are met before issuing. Most often, the approval of the lender and the size of the available credit limit are influenced by several parameters:

• income level;
• work experience;
• age;
• quality of credit history.

Order a credit card without refusal →

If there is an unpaid debt on a lost or stolen credit card, immediately order a reissue of a new card. The loss of a card does not exempt you from repaying the debt. Before you receive a new credit card, make payments according to the established schedule through the bank's cash desk.

Control of the movement of funds on the card

Banks offer different ways to control transactions made using a card. If you use them, there is a high probability that you will be able to detect the theft of money as early as possible and block the card quickly.

1. SMS service is the most efficient way of control. Most banks have a paid service, so some cardholders disable it. But this may be imprudent - the damage from losing a card can be much greater than the cost of the SMS service. As soon as you receive a notification about a transaction that you did not perform, you can call the bank and block the card.
2. Transaction notifications by email. This is a less efficient way of control. Few Russians monitor their email 24/7, so you may miss fraudulent transactions and not be able to respond to them in a timely manner. If you still choose this method of control, check your email at least twice a day.
3. Push notifications about transactions in the mobile application. Usually this service is free, but not all banks have it. Push notifications have one drawback - the Internet on the phone will have to be left on all the time, which may not be convenient for all cardholders.

An additional way of control is to order a statement of the latest card transactions. It can be used to track fraudulent activities, but most often this will happen after the fact. You can order a statement at a bank branch or through an ATM. To receive a statement from an ATM, you most often need a card, so if you don’t have one, you won’t be able to use this control option.

A bank statement for a card account can be short or extended, for a specified period or for a certain number of transactions. If you don’t know exactly when the card was lost, take a statement from the date you last used the card.

Using the statement, you can track all transactions that were made using the card or make sure that no payments were made. In the second case, do not relax, but immediately block the card to protect your finances.

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