Central Bank requires banks to objectively investigate complaints about debits without cash dispensed at ATMs

The regulator's open letter

The Central Bank has sent an open letter to commercial banks and payment organizations, devoted to citizens' complaints about ATMs. While studying the appeals, the regulator found cases where, after an amount was debited from a bank card, the person did not receive cash. Payment service providers rely on technical data when recording successful transactions, but in some situations they cannot accurately confirm that the money was actually dispensed. According to the Central Bank, such problems are linked to non-compliance with requirements for ATM operation and data storage.

What banks are now required to do

ATM operators must record transaction results, retain the necessary data, and organize internal and technical control over the operation of the devices. The key provision of the letter: a record of a transaction as 'successful' is by itself not considered unambiguous evidence that the service was actually provided. When reviewing complaints about debits without cash dispensed or other incorrectly executed transactions, banks and payment organizations are required to conduct a comprehensive investigation taking into account electronic journals, technical data, cash reconciliation results, information from other participants in the payment infrastructure, as well as video recordings and other materials. Responses to consumers must indicate which information the conclusion was based on. If a transaction is found not to have been executed, the operator must restore the client's financial rights.

Who is responsible for an unprovable dispute

The regulator separately addressed the allocation of responsibility: if a service provider's failure to comply with mandatory requirements prevents an impartial assessment of a disputed transaction, the consequences of this must not be placed on the consumer. In other words, a bank that did not keep the necessary records and did not ensure control cannot cite the absence of data to the client's detriment. The Central Bank also emphasized that financial organizations should not use non-compliance with the requirements to their own advantage.

A continuation of the May directives

The new letter develops the position the regulator voiced back in May: at that time, the First Deputy Chairman of the Central Bank Nodirbek Saydullayev instructed banks and payment services to improve the quality of ATM operation and called for treating debits without cash dispensed, stuck cards, and fees charged for unexecuted transactions as priority tasks. Thus, the November letter turns the general requirement into a specific procedure for handling disputes: it defines the list of evidence a bank must take into account and a rule protecting the client when data is incomplete. In practice, this concerns all cardholders who face a debit without receiving money — they now have a formal basis to demand a full investigation and reimbursement.