Losses from Carding: The Flaws of the Laws
A Comprehensive Review of Liability Frameworks for Unauthorized Uses of Credit Cards in the US, EU and Australia
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In-line with the rapid development of hi- technology, unauthorized uses of credit cards have also been mushrooming. Criminals no longer use "low-tech" type of crimes such as shoulder sneaking or dumpster diving to ultimately make an unauthorized use of our plastic cards. This condition has put us, the cardholders, in a "danger" position. If an unauthorized use of credit card occurs, who will be liable for the losses? The Bank, the cardholder or the merchant? How do the laws rule this situation? This book discusses the liability regimes for losses resulting from unauthorized uses of credit card...
In-line with the rapid development of hi- technology, unauthorized uses of credit cards have also been mushrooming. Criminals no longer use "low-tech" type of crimes such as shoulder sneaking or dumpster diving to ultimately make an unauthorized use of our plastic cards. This condition has put us, the cardholders, in a "danger" position. If an unauthorized use of credit card occurs, who will be liable for the losses? The Bank, the cardholder or the merchant? How do the laws rule this situation? This book discusses the liability regimes for losses resulting from unauthorized uses of credit cards specifically in case of carding in the three different jurisdictions: the US, the EU, and Australia. The goals are to have a comparative and comprehensive analysis on how those three different legal frameworks regulate liability for the losses, what are the flaws of each law and how to improve the frameworks, strengthening the consumer protection provisions and putting the regulation in more balance manners. It will be very useful for banking practitioners, lawyers or legal advisors, students as well as teachers, and all readers who use credit cards as a payment method.
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