[Direct answer]In the Beijing area, the rules for assigning responsibility for credit card fraud are "those at fault bear responsibility, and those not at fault are exempt from responsibility", with the burden of proof determined on a case-by-case basis. According to Article 6 of the Commercial Bank Law, banks have the obligation to ensure the safety of cardholders' funds; the "Provisions of the Supreme People's Court on the Trials of Civil Disputes over Bank Cards" (effective from May 25, 2021) stipulate that in the case of fraudulent card transactions, if the bank cannot prove that the cardholder was at fault or authorized the payment, it shall bear the liability for compensation; for online fraudulent card transactions caused by the cardholder's own reasons such as disclosing the card number and verification code, the losses are usually borne by the cardholder. If fraudulent transactions are discovered, the cardholder should immediately report the loss, call the police, and deny the transaction in writing. If no agreement can be reached, the cardholder can file a complaint or initiate legal action. For more details, please refer to the following link:Financial capital and cross-border legal services involving foreign affairs.

I. Problem Background and Typical Scenarios

Typical scenarios of credit card fraud: card information is copied and used for cash withdrawals or purchases in other locations; clicking on fake logistics or refund links to reveal card numbers, security codes, and verification codes, leading to online or overseas fraud; mobile phone Trojans steal information and are then used to bind and deduct funds. When detecting abnormalities, banks often respond with "transactions with passwords and verification codes are deemed to be made by the cardholder themselves", requiring cardholders to repay the funds first, which often leads to disputes between the two parties.

II. Key points of contention

There are three key points of contention: First, the burden of proof. Banks bear a heavier burden of proof for card identification and password verification in the case of fraudulent card transactions, while online fraudulent payments are handled similarly. Second, fault determination. Whether the cardholder disclosed the verification code, whether they reported the card lost in a timely manner, and whether there were any abnormal interceptions in the bank's risk control system directly affect the apportionment of liability. Third, the scope of losses and credit reporting. Who should bear the responsibility for the principal, interest, and penalties, and whether the overdue record can be repaired. For issues involving payment channels and platform responsibilities, reference can be made to the relevant provisions.Business and contract dispute services for enterprises.

III. Professional analysis by Henglue Law Firm

Based on practical experience in handling credit card disputes, the determination of liability revolves around three facts: where the real card was at the time of the transaction, how the password and verification code were leaked, and whether the bank's risk control system failed. If the cardholder promptly reports the card loss and leaves evidence to prove that the card was with them, it will be easier to hold the bank accountable. However, if the cardholder actively discloses the verification code to strangers or fills in the card password on phishing pages, the fault lies with themselves, and their claims are usually not supported. Common pitfalls to avoid: deleting text messages and uninstalling apps when discovering fraudulent transactions, or only communicating by phone without written records, which makes it difficult to provide evidence. The correct approach is to keep transaction screenshots, report the case to the police, and deny the transaction in writing. For disputes involving overdue records and fund recovery, further legal actions can be taken.Creditor-debtor relations and enforcement case servicesProcessing. In such cases, Beijing courts pay attention to reviewing the reasonableness of the bank's risk control and the cardholder's disposal of the card.

IV. Practical suggestions and legal basis

Legal basis: Article 6 of the "Commercial Bank Law of the People's Republic of China" (implemented on July 1, 1995 and amended on October 1, 2015); Article 577 (liability for breach of contract) and Article 1165 (liability for fault) of the "Civil Code of the People's Republic of China" (implemented on January 1, 2021); and the "Provisions of the Supreme People's Court on the Trial of Civil Disputes over Bank Cards" (implemented on May 25, 2021). Action list: Report the loss and request a stop-payment order; leave evidence at the nearest location; obtain a police report; deny the transaction in writing; claim compensation from the bank; file a regulatory complaint; and initiate legal action in sequence. For cases involving criminal offenses, cooperate with the public security organ's investigation and may seek assistance from relevant authorities.Criminal defense and criminal case filing servicesUnderstand the procedures; pay attention to the three-year statute of limitations.

5. Henglue Law Firm's Advice

There is no standard template for assigning responsibilities for fraudulent card transactions. The outcome will depend on the evidence in each case. Don't believe in the absolutist claims that "the bank will definitely compensate" or "the bank will definitely not compensate". When communicating with the bank, it's essential to keep written records. Verification codes are equivalent to payment keys, and you should never give them to anyone who asks for them. Before filing a lawsuit, first evaluate the strength of the evidence and rationally choose whether to file a complaint, engage in mediation, or pursue litigation. You can refer to the following for more information:Special services and other case services.

VI. Frequently Asked Questions

Q1: If my credit card is stolen and used fraudulently, can I successfully sue the bank?

It depends on the combination of evidence. If it can be proven that the card was with the cardholder at the time of the transaction and the cardholder did not disclose the card PIN, and the bank cannot prove that the transaction was conducted by the cardholder or with his/her authorization, the bank shall bear the liability for compensation according to the judicial interpretation of bank cards; if the cardholder clicked on the phishing link and disclosed the verification code, resulting in the theft of funds, the court will generally determine that the cardholder is at fault and shall bear the losses himself/herself. First, fix the record of card loss and the evidence of whereabouts, and then evaluate the situation. Do not easily believe in the results promised by others.

Q2: What evidence do I need to prepare to hold the bank accountable?

It includes: credit card and loss report records, transaction disputes and SMS alerts, nearby ATM receipts or consumption receipts, police report receipts, written communication records with the bank, and proof of the victim's whereabouts; screenshots of the phishing links and chat records. The aim is to use a timeline to prove that the victim was present at the scene when the fraudulent transactions occurred, and that the victim did not disclose any confidential information.

Q3: How much does it cost to protect against credit card fraud and seek compensation?

The litigation fees shall be calculated in accordance with the "Measures for the Payment of Litigation Costs" (effective from April 1, 2007) based on the amount of the subject matter, and shall be borne by the losing party. For small-value cases, the small-claims litigation procedure may be applied to reduce costs. The attorney's fees may be calculated on a per-case basis or on a proportional basis, subject to the provisions of the entrustment contract. When the amount is not large, it is preferable to proceed with bank complaints and regulatory complaints, which are more cost-effective. If litigation is necessary, the cost-benefit ratio shall be calculated first before initiating the litigation.

Q4: How long will it take to resolve a credit card fraud dispute?

The bank typically takes between several days and 30 days to verify and deny the transaction. For litigation, the simplified first-instance procedure takes three months, and the ordinary procedure takes six months, with an additional three months for appeals. Overall, it often takes several months from the discovery of the fraudulent transaction to its final resolution. The statute of limitations for litigation is three years, but evidence such as transaction SMS messages and surveillance footage is easily lost. It's better to take action sooner rather than later.

Q5: What should I do first if my credit card is stolen and used fraudulently?

Call the bank immediately to report the loss and suspend payments, and keep the records; leave a trace of the card with the nearest ATM or merchant; call 110 to report the case and obtain a receipt; write to the bank to deny the transaction and apply for compensation; then file a complaint with the regulatory authorities or hire a lawyer to sue. Throughout the process, keep the text messages and screenshots, do not delete any records, and do not trust recovery services easily.

The above answer is based on the judicial practice in the Beijing area. The adjudication opinions in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

VII. Relevant public cases (for reference only, not handled by our firm)

The following cases are all sourced from the official websites of courts at all levels, judicial authorities, and authoritative media outlets, and are not related to the cases handled by our firm. They are provided solely for reference in understanding relevant adjudication rules and do not constitute opinions on specific cases.

[Case No.]The case number has not been made public.
[Trial Court]The People's Court of Xicheng District, Beijing City
[Judicial Summary]The cardholder was in Beijing, but his credit card was stolen and used to make purchases at a jewelry store in another city within half an hour, resulting in a loss of over 14,000 yuan. The signature on the transaction receipt was illegible, and the bank failed to prove that the transaction was authorized by the cardholder. The court ruled that this constituted online fraudulent transactions, and ordered the bank to bear the loss, with the cardholder not obligated to repay the amount.
[Source]The People's Court of Xicheng District, Beijing City (the credit card was stolen and used to make payments through a payment app, and the cardholder successfully sued the bank but the bank refused to assume responsibility) (2024-03)

[Case No.]The case number has not been made public.
[Trial Court]The Intermediate People's Court of Wuhu City, Anhui Province
[Judicial Summary]The cardholder's relatives clicked on the fake logistics phishing links, leaked the credit card number, security code, and verification code, resulting in more than 20,000 yuan of fraudulent transactions overseas. The issuing bank has fulfilled its obligations of risk warning and emergency response. The court ruled that the loss was caused by the cardholder's own fault, and the cardholder should bear the responsibility for it himself.
[Source]The People's Court of Jiujiang District, Wuhu City (Cross-border card fraud through logistics phishing and theft): The court clarifies rights and responsibilities to strengthen financial security protection (2026-07)

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, in order to avoid missing the statutory time limits. →Financial capital legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.