What legal steps can help recover funds lost to credit card fraud?
To recover funds lost to credit card fraud, you can rely on relevant legal provisions and take targeted steps. According to Article 54 of the Credit Card Management Regulations, if a cardholder promptly reports an unauthorized transaction to the issuer, the issuer shall bear the liability for the loss unless it can prove the cardholder was negligent (e.g., disclosing the password). Article 18 of the Consumer Rights Protection Law also requires businesses to ensure the security of consumers' payment information, so if the fraud occurred due to a merchant's security loophole, you may claim compensation from the merchant.
Practically, first, you should collect and preserve all evidence: bank statements showing the unauthorized transactions, screenshots of communication with the bank or merchant, police reports, and proof of timely reporting (like the time stamp of your call to the bank). Then, submit a formal written application to the bank for a refund, clearly stating the facts and attaching evidence. If the bank delays or rejects the application without valid reason, you can file a complaint with the local branch of the China Banking and Insurance Regulatory Commission (CBIRC) or initiate a civil lawsuit in the people's court where the card was issued or where the fraud occurred.
Additionally, cooperating with the police investigation is crucial. If the fraudster is apprehended and has assets, the police may recover the stolen funds through criminal proceedings and return them to you. Note that the statute of limitations for civil claims related to credit card fraud is 3 years from the date you know or should know about the unauthorized transaction, so you should not delay taking legal action to protect your rights.
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