Shrnutí: If you discover that your credit card has been misused, block the card immediately, dispute the transaction with your bank, and file a criminal complaint in the event of significant financial loss or suspected fraud. This procedure is primarily based on the Payment Services Act and the Criminal Code: the bank is required to resolve unauthorized transactions, but you must act without undue delay and preserve any evidence.
Block your card immediately through the mobile app, online banking, or by calling the bank. Then save any evidence: a screenshot of the transaction, text messages, emails, correspondence with the scammer, and confirmation that the card has been blocked. File a dispute with the bank regarding the unauthorized payment as soon as possible, but no later than the deadline specified in the Payment Services Act. If the bank rejects your dispute, you can contact the financial arbitrator or file a lawsuit. In cases of significant financial loss, phishing, skimming, or organized fraud, you should also file a criminal complaint.
What to do immediately:
If your bank has refused to refund your money or you’re unsure how to file a dispute or a criminal complaint, you can contact our attorneys. We’ll help you evaluate the evidence, prepare your filing, and choose the fastest course of action.
Credit card fraud refers to the unauthorized use of a card or its details to carry out transactions without the cardholder’s knowledge or consent. This can take many forms, ranging from physical card theft to sophisticated cyberattacks.
Physical misuse can easily occur, for example, when a wallet or cardis stolen . The perpetrator can then use the card to make payments in stores, withdraw cash from an ATM, or even make online purchases if they have access to the card’s information.
Phishing is another common method of unauthorized card use. It involves fraudulent techniques in which victims are persuaded, through various strategies, to voluntarily provide their sensitive information. Perpetrators often send emails or text messages that appear to be official communications from a bank or other trusted institution, requesting that card details be entered on a fake website.
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Cyberattacks involve more sophisticated methods in which hackers breach the databases of merchants or payment service providers and obtain large amounts of card data. This information can then be used to make unauthorized transactions or sold on the black market.
All of these forms of card fraud can have serious financial consequences for the victim.
Start by always keeping your card in a safe place and never leaving it unattended. It’s also important to regularly check your account statements and monitor for suspicious transactions that could indicate fraud. In online banking, you can also set up various alerts and, most importantly, spending limits for your card.
When shopping online, it’s crucial to shop only on verified and secure websites. Always check that the web address begins with “https://” and that there is a padlock icon next to it, which indicates a secure connection. Never share your card information via email, text message, or phone call, and use two-factor authentication whenever possible.
Tip: It’s best to ignore “bargain” email offers for suspiciously cheap or hard-to-find items. Purchases of counterfeit Viagra, “brand-name” speakers, or handbags have repeatedly turned out to be scams. The link usually leads to a suspicious website whose operators will misuse your credit card information after you purchase an unrealistically cheap product.
When using ATMs, avoid those that look suspicious or are located in secluded areas. Before inserting your card, check to see if any fraudulent devices, such as a “skimmer,” have been installed on the ATM, as these could copy your card’s data. In general, if any unusual devices are installed on an ATM, do not insert your card.
As mentioned above, other useful precautions include setting limits on payments and withdrawals, using virtual cards for online payments, and, last but not least, immediately blocking your card if it is lost or you suspect misuse. By following these simple rules, you can significantly reduce the risk of your payment card being misused. For example, if you set a weekly limit of 20,000 Kč (or less), you can prevent the most extreme cases, such as having your entire account “drained.”
If you discover an unauthorized transaction on your account, it’s important to act as quickly as possible. The first step should be to immediately block your payment card. This can usually be done through your bank’s mobile app, online banking, or by calling the bank’s customer service line. Contact information for blocking your card is sometimes listed on the back of the card, but it’s a good idea to save it elsewhere as well so you can access it even if you lose your card.
After blocking your card, you must notify the bank about the unauthorized transaction. The bank will usually ask you for details of the transaction so it can launch an investigation. It’s also important to confirm in writing as soon as possible that you did not authorize the transaction, which may involve filling out a dispute form.
Don’t wait until the dispute with the bank becomes more complicated. If the bank claims the transaction was authorized but you did not make the payment, have your claim reviewed before it is denied.
The next step is to report the card fraud to the police, especially if there has been significant financial loss. The police will need details about the transaction and may also request copies of your correspondence with the bank. A report from the police can also be helpful in further dealings with the bank or your insurance company.
Throughout the process, communicate regularly with the bank and monitor the status of the investigation. It is important to keep all documents and correspondence that may serve as evidence in the event of a dispute or criminal proceedings.
Credit card fraud is a serious criminal offense that, under the Criminal Code, may fall under multiple elements of a crime. A typical element associated with credit card fraud is the unauthorized acquisition, forgery, or alteration of a payment instrument
The Criminal Code classifies the various forms of this crime according to their severity; in cases of counterfeiting, participation in an organized group, or committing the crime on a large scale, the penalty is up to 12 years of imprisonment. If the offender “merely” uses another person’s payment card, they face a maximum of two years’ imprisonment.
The Criminal Code further distinguishes between crimes related to counterfeiting currency (Counterfeiting and Altering Currency, Passing Counterfeit or Altered Currency, or Manufacture and Possession of Counterfeiting Tools and Equipment Intended for the Unauthorized Acquisition of a Means of Payment). The latter offense also covers the counterfeiting of payment cards.
In practice, there are numerous cases where victims of payment card fraud have succeeded in legal disputes and obtained compensation. Even if your bank initially refuses to help you in any way, it pays to be patient and insist on your rights (especially if you are innocent; no one will reimburse you for the loss from a card that your minor son borrowed to buy video games).
For example, we came across a story in the media about a woman who discovered that her credit card had been used fraudulently for purchases abroad, even though she herself had not physically traveled anywhere at the time. She immediately contacted her bank and reported the unauthorized transactions. At first, the bank rejected her claim, stating that the transactions had been processed correctly. However, the woman did not give up and took the case to the Financial Arbitrator. The Arbitrator ultimately ruled in her favor, and the bank was eventually required to refund all unauthorized transactions.
Another well-known case involves a business owner who discovered unauthorized withdrawals from his company’s account. After determining that the cards had been compromised through skimming—a technology that copies data from a card’s magnetic stripe—he immediately contacted the bank and the police. In this case as well, the bank initially rejected the claim, and the entrepreneur took the matter to court. The court proceedings revealed that the ATM’s security measures were inadequate, leading to a ruling in favor of the entrepreneur and an order to return all lost funds.
From Legal Practice:
From time to time, victims of similar crimes turn to the law firm Dostupný advokát. At one point, victims received convincing and urgent phone calls claiming that someone was withdrawing a large sum from their account. In a panic, they disclosed sensitive information about their cards, and the cards were subsequently misused. However, you should know that banks already have your card information and will not ask you to verify it via email or phone call. Only a few of the criminal complaints filed have resulted in a favorable outcome for the victims. This happened in cases where there were multiple victims and some of the calls were even recorded, allowing the police to gather substantial evidence.
Payment card security is constantly evolving to counter increasingly sophisticated threats. Modern technology and the legal framework play a key role in protecting consumers and ensuring a secure environment for financial transactions.
One of the most significant technological innovations already enhancing payment card security is the introduction of chip cards with EMV (Europay, Mastercard, Visa) technology. These cards generate a unique code for each transaction, thereby significantly reducing the risk of data misuse.
In cases of payment card fraud, speed and evidence are crucial. Block the card immediately, check your account, report the suspicious transaction to your bank, and keep all correspondence, screenshots, and receipts. If the bank rejects your claim, you can contact a financial arbitrator or file a lawsuit. In cases of phishing, skimming, recurring payments, or significant financial loss, it’s also advisable to file a criminal complaint. From a legal standpoint, the Payment Services Act—which governs the procedure for unauthorized transactions—and the Criminal Code—which penalizes the unauthorized use of payment instruments—are important.
As soon as possible after you notice a suspicious transaction. The law requires you to report an unauthorized transaction without undue delay, so don’t wait for your next account statement.
Not automatically. The bank must investigate the case. The outcome depends mainly on whether it was an unauthorized transaction, how well you protected your card information, and how quickly you reported the fraud.
Yes, especially in cases involving significant financial loss, phishing, skimming, duplicate transactions, or suspected organized fraud. A police report can also serve as a basis for further discussions with the bank.
Request a written explanation and review the bank’s reasoning. You can then file an objection, contact the financial arbitrator, or pursue legal action.
Blocking the account is the first step, but it’s not enough. You should also file a complaint about specific transactions, save any evidence, and contact the police if necessary.
Have you found yourself in a situation that requires filing a criminal complaint? We are here to help. We will reliably protect your rights and handle the entire process for you. We’ll handle everything quickly and flawlessly so you don’t have to worry about a thing.
Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 15 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 15 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
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