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RBI red flags unsecure ATMs: This is your liability if you are defrauded
Monday, June 25, 2018 IST
RBI red flags unsecure ATMs: This is your liability if you are defrauded

Despite repeated warnings by RBI, banks have still not made their ATMs full secure and skimming-proof thereby exposing you to the risk of fraud. So here's what you can do if your card gets skimmed and you lose money. In a circular issued yesterday, the central bank has pointed out that banks have not taken steps to secure ATMs running on old software despite being warned about these in April, 2017.

 
 

RBI had confidentially asked banks to upgrade ATM software to ensure security but due to the bank's slow progress on this, the central bank issued another warning yesterday. In its latest letter, it has asked banks to install anti-skimming devices and 'white-listing' solutions in cash machines by March 2019 else the banks may face 'supervisory enforcement action'. Click here to read the full story.
 
In fact, fraudsters with cloned debit cards are conducting their transactions abroad to avoid detection. 
 
As more and more such instances come to light, it goes to show that we have to be vigilant with our money and how we transact digitally. In July last year, RBI had come out with guidelines regarding customer liability in the event of unauthorised e-banking transactions.
 
Here is a look at what you should do in case of any unauthorised activity in your account. However, before we get to that, here is what RBI has asked banks to do prevent fraud.
 
What are ATM skimmers?
 
ATM skimmers are add-on devices that fraudsters attach on top of the cash machine's card slot. These devices have the capability of 'reading' information from the card's magnetic stripe and then store or transmit the information to the fraudster, who then clones the card using the information.
 
What have banks been asked to do?
 
Banks have to install anti-skimming devices. These devices send out signals that prevent the skimmer from functioning. Similarly, white-listing solutions allow only trusted applications to work on the ATM and block any other application.
 
The RBI has also red-flagged the slow progress of banks in upgrading machines from the unsupported Windows XP operating system. "The slow progress on the part of banks in addressing these issues has been viewed seriously by the RBI," a central bank circular said.
 
Now, till the banks get their act together, it is up to you to protect your money. Here is what you can do.

 
 

Zero liability of a customer
 
Type of fraud: If the fraud happens due to the bank's negligence , the customer obviously is not liable. For instance, if there is a glitch at the backend of the bank where customer details are compromised or if bank staff disclose these details to third parties, then you will not be liable to pay. The RBI's July 2017 notification states that if a 'third-party' breach happens when neither the bank nor the customer is at fault, and the customer informs the bank within three working days, here, too, the customer is not liable to pay.
 
A third-party breach can happen at an ATM (skimming, card trapping etc.), by using public Wi-Fi, malware in ATMs or bank servers, at merchant outlets where you swipe your credit or debit card, or even on your own computer (using ways like pharming and so on).
 
What you should do: To protect yourself and your money, the first step is make sure you apply for the SMS and email alerts service of your bank. The second step would be to intimate the bank as soon as you get the alert that money has been debited from your account. Do it within three days. If you do not, then depending on how long you take, your liability increases.
 
Limited liability of a customer
 
Type of fraud: If the fraud or wrongful debit has happened because of your negligence you will have to bear the brunt. This could happen if you mentioned your PIN number or password in passing or left it lying around and someone used it without your knowledge.
 
What you should do: The good news is that even though this transaction has happened due to your negligence, if you report it to the bank before seven working days (and after three days) from receiving the debit message, the RBI notification says that the per transaction liability of the customer will be limited to the transaction value or an amount set by the central bank, whichever is lower. And if you take more than seven days, "the customer liability shall be determined as per the bank's Board approved policy," says the RBI notification.
 
How long will it take for the reversal?
 
Banks have to credit or reverse the unauthorised electronic transaction to the customer's account within 10 working days from the date of notification by the customer. And once reported, in case of debit card or bank account fraud, the bank should ensure that the customer does not suffer loss of interest. If the transaction has happened on a credit card, the customer should not have to additional burden of interest.
 
Also, once reported, banks have to resolve the case within 90 days from the date of receipt of the complaint.
 

 
 
 
 
 

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Shibu Chandran
2 hours ago

Serving political interests in another person's illness is the lowest form of human value. A 70+ y old lady has cancer.

November 28, 2016 05:00 IST
Shibu Chandran
2 hours ago

Serving political interests in another person's illness is the lowest form of human value. A 70+ y old lady has cancer.

November 28, 2016 05:00 IST
Shibu Chandran
2 hours ago

Serving political interests in another person's illness is the lowest form of human value. A 70+ y old lady has cancer.

November 28, 2016 05:00 IST
Shibu Chandran
2 hours ago

Serving political interests in another person's illness is the lowest form of human value. A 70+ y old lady has cancer.

November 28, 2016 05:00 IST


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