According to Money Weekly, in a recently closed debit card illegal and unauthorized payment (借记卡盗刷) case involving the using of fake debit card, ICBC (Industrial and Commercial Bank of China) was sentenced to bear 70% of the loss and the user 30%. This represents some changes to the similar cases as the percentage born by the band side was no more than 50% in the past.
The case was dated back to September 2012. Industrial and Commercial Bank of China debit card user, Mr. Xie from Mr Fujian Province, received a text message indicating a RMB 100,000 (US $16,000) payment transaction via POS machines.
Mr Xie immediately called the ICBC customer service hotline, but when Mr. Xie successfully suspended the account and hang up the phone, he received another message indicating a POS machine transaction of RMB 158,000 (US $25,280). In other words, the second transaction happened after the successful suspension of the account.
The Court believed that the user Mr. Xie and the bank set up a saving contractual relationship, the content is legal and valid, the two sides should fully implement their respective obligations, the legitimate rights and interests are protected by law. Since the debit card used was a fake card but the password was correct, the court judged that both sides were partially responsible for the unauthorized transaction. In the past similar cases, the bank will share the responsibility with the user in term of 50% and 50%. Now Mr. Xie’s case seems to bring changes for future cases.