The credit institution that serves the payer must reimburse the amount of the transfer to the client within 30 days if it received information from the Central Bank about cases and attempts to carry out transactions without the voluntary consent of the client, but still made the transfer.
In the case of a cross-border transfer of funds, the bank or other transfer operator has 60 days to refund the amount of the transaction that was made without the client’s consent.
The bank will be able to avoid a refund only if it proves that the client violated the procedure for using an electronic means of payment, which led to the transaction without the consent of the person.
Committee member on Budget and Taxes Nikita Chaplin (United Russia faction) explained in a comment to RG that these rules are designed to further motivate banks to strengthen security and control of transactions. “I will give you an example from practice: these cards fell into the hands of fraudsters, they began to receive text messages about payment for purchases in various markets. After calling the bank, the person was refused to stop transactions and was advised to contact online stores on their own. As a result, the markets behaved in good faith and returned all funds to the citizen. The card was blocked and a new one was issued again.” After the approval of the law, according to him, the banks will understand that in case of fraudulent transactions with their clients, they risk their money, and they will be more attentive to these issues.
What if there is a client’s consent for the transfer? After all, scammers obtain passport data, passwords and codes from their victims. Measures are provided for such cases. The law, once adopted, will oblige money transfer operators (banks, payment systems) to verify suspicious transactions. The adoption of such measures will encourage them to suspend clearly fraudulent operations between individual accounts. “We are talking about cases where fraudsters, by deception, obtain the consent of their victim for the transfer,” explained the Chairman of the State Duma, Vyacheslav Volodin, during the consideration of the initiative. “Older people are especially vulnerable. It gets to the point that deceived citizens give the last to criminals: they sell property, take loans. This must stop”. The speaker stressed that “those banks that neglect these obligations will have to return the stolen money to the people”.
According to the new law, the verification will have to be carried out not only at the issuing bank, as is being done now, but also at the receiving bank. If this account is blacklisted, the transaction will be suspended and verified. The information from the Central Bank will be used to form lists of “dirty” accounts. It forms a database of clients of credit institutions who were seen making dubious financial transactions on their accounts, said the author of the bill, head of the State Duma Committee on the Financial Market, Anatoly Aksakov. Credit institutions must enter this database before making a transfer. “And if the client’s money is transferred to the account of this attacker, which is in the database of the Central Bank, then the credit institution is obliged not to transfer these funds, and if it nevertheless transfers money to the attacker’s account, then it is obliged to return the money to the client, from whose account the corresponding funds were debited,” said the parliamentarian.
After a transfer to a suspicious account is suspended, the customer has a period to cancel the transfer. “Two days are given if the operation is made in the corresponding dirty account. If the client has not changed his mind in two days, he continues to believe that the money must be transferred, then the operation is carried out, ”summed up the parliamentarian.
The initiator of the law does not believe that its adoption will lead to the blocking of accounts of respectable citizens: according to him, the new document does not create such risks and is aimed at significantly increasing the effectiveness of the account verification system in combating intruders.
According to the Central Bank, last year fraudsters carried out about 876.59 thousand unauthorized transactions, about 14.165 billion rubles were stolen from customers.
The law enters into force one year after the day of its official publication.