Who is liable in the event of credit card misuse?
Do you notice a deviation or incorrect debit when checking the monthly statement that you did not make? Then you are most likely the victim of a credit card fraud and should contact your bank as soon as possible and immediately have your credit card blocked. If you are outside the reachable times of your bank, you can also call the credit card blocking number of your credit card provider.
But who is liable in the event of a credit card fraud?
If you have become a victim of credit card misuse, you can only be liable for improper debits of 150 USD before the credit card is blocked. However, the amount of the liability depends on your credit card provider. Some banks are even fully liable for credit card use and as a rule you only have to pay 50 USD. As soon as you have blocked the credit card, the bank is responsible for all improper debits.
If you now deny that you have made the incorrect debits, the bank must prove to you that you have either initiated the debits yourself or have violated your duty of care. You violate the duty of care if, for example, you acted through gross negligence, by keeping your PIN near the credit card or by carelessly revealing your credit card details. If the bank cannot prove to you that there has been a breach of due diligence or that you have made the debits yourself, you must refund the wrongly debited amount.
However, you should make sure to comply with your right of withdrawal within 6 weeks and to submit the request for the reversal of the amount and blocking of the credit card in writing.
To avoid being in such a predicament, you should act in advance so that you can avoid credit card fraud. However, there are now sophisticated techniques that allow perpetrators to get their credit card details unobtrusively and that you cannot prevent.
You can find out how to reduce the likelihood of becoming a victim of credit card abuse by visiting the following link: How can I prevent credit card abuse?