4hw.com.cn: on June 6, the Supreme People's Court issued the provisions on Several Issues concerning the trial of civil disputes over bank cards (Draft for comments), which adjusted the effectiveness of terms such as paying interest in full for overdraft of credit cards. In the past, some of the king's terms or history related to paying interest in full were made.
The draft provides the basis for the trial of civil cases of bank card disputes in terms of credit card overdraft, counterfeit card transaction, and online theft. Especially in terms of credit card overdraft, the draft has made a big difference from the current bank default interest requirements, which is good for credit card holders.
The key points are as follows:
1、 If the credit card holder chooses the method of minimum repayment to repay the overdraft of the credit card and has already paid the minimum repayment, and claims to pay the overdraft interest from the accounting date to the repayment date according to the outstanding overdraft amount, the people's court shall support it.
2. In the dispute case of counterfeit card transaction, if the issuer fails to immediately inform the cardholder of the change of the transaction of the bank card account, resulting in the failure to find out the facts of the counterfeit card transaction, the issuer shall bear the legal consequences of the failure to provide evidence. The people's court shall not support the issuer's claim that it does not have the obligation of SMS notification on the ground that the cardholder has not purchased the paid SMS notification service, unless the cardholder has no mobile phone or both parties agree to use other means of notification.
3. In response to the problem of network theft, if a non bank payment institution or issuing bank promises to compensate the card holder for the loss of network theft in advance, and the card holder hereby requests it to assume the responsibility of compensation in advance, the people's court shall support it.
The draft for Soliciting Opinions shall be open to the whole society from the date of publication to June 30. After the implementation of the provisions, different time effects have been put forward for different cases. These Provisions shall apply to cases that have not been finally adjudicated after the implementation of the provisions. These Provisions shall not apply to cases that have been finally tried before the implementation of these Provisions, and the parties apply for retrial or decide to retrial in accordance with the procedure of trial supervision.