Introduction
The digital age offers great convenience — shopping with a single click, QR payments, online banking from your couch… But this comfort also makes life easier for fraudsters. Especially in credit card and online payment systems, fraud cases have been increasing rapidly, drawing attention from both legal professionals and the public. So how does online payment fraud happen? What should victims do? What are your legal rights and which steps should you follow?
💻 1. What Is Online Payment Fraud?
Online payment fraud refers to unauthorized withdrawals from a person’s card or bank account or obtaining money illegally using fake websites, mobile apps, or phishing links. Common methods include:
- Phishing: Fake emails or messages that appear to be from official institutions or banks are used to collect personal information.
- Fake websites: Scam sites mimicking real e-commerce platforms to steal credit card details.
- Social engineering: Fraudsters impersonate bank employees via phone or message to create panic and extract card details.
- Malicious apps: Unsafe mobile applications that store and misuse credit card data.
⚖️ 2. What Crimes Do These Frauds Fall Under?
Under Turkish Penal Code (TCK), such actions are classified under several different crimes:
a) Fraud Using Information Systems – TCK Art. 158/1-f
If the fraud is committed through an information system (e.g. e-commerce sites, mobile apps), it qualifies as aggravated fraud. Punishment ranges from 4 to 10 years in prison and a judicial fine.
b) Misuse of Bank or Credit Cards – TCK Art. 245
Unauthorized use of someone else’s card details is punished with 3 to 6 years in prison and a fine.
c) Illegal Acquisition of Personal Data – TCK Art. 136
If cardholder information is considered personal data, acquiring it unlawfully is an additional crime.
🧭 3. What Should You Do If Your Credit Card Is Used Without Permission?
- Immediately call your bank. Cancel or temporarily block your card.
- File a written objection. Submit a formal complaint letter to the bank.
- File a criminal complaint. Submit a petition to the Public Prosecutor’s Office.
- If unauthorized activity is confirmed, the bank may refund the amount. Otherwise, you may take your case to the Consumer Arbitration Board or Consumer Court.
📌 Note: According to the Law No. 5464 on Bank Cards and Credit Cards, if the cardholder reports the theft or loss within 24 hours, their liability is limited to a maximum of 1500 TRY.
👩⚖️ 4. Is the Bank Liable?
Yes, in certain cases, the bank can also be held responsible. For instance:
- If the bank fails to act despite having the infrastructure to detect suspicious transactions,
- If a security vulnerability on the bank’s end leads to information leakage,
- If suspicious activities clearly visible on card statements are ignored,
Then service negligence occurs, and the bank may be held liable toward the consumer. Turkish Supreme Court (Yargıtay) rulings also support this view.
🚨 5. How Can You Protect Yourself from These Crimes?
- Don’t click on links in suspicious SMS messages.
- Don’t store credit card info on shopping websites.
- Only download apps from official stores.
- Use virtual cards with spending limits.
- Enable two-factor authentication (2FA).
- Regularly monitor your transactions.
📝 Conclusion: One Click Can Cause Damage — But the Law Can Fix It
Online payment fraud is like the “pickpocketing” of the modern era. It’s hard to detect, and the consequences can be severe. But remember: you have rights, and using them is up to you. A timely complaint or legal action can help you recover your loss and prevent similar incidents from happening again.
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