Through various techniques, third parties may be able to duplicate payment cards and get hold of the PIN. They can use the cards to withdraw sums of money or make purchases at the expense of the real owners. The law protects users from cloning and fraudulent use of payment cards.
The issuers of the cards and banks are not required by specific rules to prevent cloning of cards. Payment cards can be blocked only by the issuer (or the toll free number that manages this service) in relation to the entire network, and the lock can not be canceled. Once locked, the card is no longer usable. Missing a second level block, voidable when necessary, that allows users and branch offices may not restrict the use of cards by type of transactions, for example, ATM withdrawals only.
The user must request the blocking of the card, make a complaint to Police or ask the card issuer compensation for the loss. Generally, issuers have the insurance coverage that reimburse customers of the banks in case of fraudulent use or card cloning. In these cases, however, the issuer is required to compensate 100% without application of deductibles, since the damage is not due to the negligence of the customer.
The negligence of the user in the delayed or omitted card lock and or reporting to the authorities does not exempt the bank from these technical responsibilities. Part of the case law interprets this as failure of the contractual obligations of diligence, fairness and good faith towards clients. Banks that do not inform users about suspicious ATM withdrawals that appear to be tampered with, and are likely as a result of cloning and fraudulent use of the cards.