The key facts

  • The Central Bank recorded cases of funds being debited from a card without cash actually being dispensed at an ATM
  • Banks are obliged to compensate consumers for violated property rights when transactions fail
  • When mandatory requirements are violated, liability cannot be shifted to the consumer

The Central Bank responded to citizens' complaints

The Central Bank of Uzbekistan has sent banks a demand to resolve problems related to cash withdrawals from ATMs. As Kun.uz reports, while reviewing citizens' appeals, the regulator recorded cases in which funds were debited from a bank card but no cash was dispensed from the ATM.

A 'successful' transaction does not prove money was dispensed

The regulator's statement notes that in some cases the servicing party relies on technical data indicating an allegedly successfully completed transaction, but cannot reliably confirm that the money was actually dispensed to the client. According to the Central Bank's wording, a 'success' mark for a transaction in the information system is not an automatic and unconditional confirmation that the service was actually provided.

What exactly is required from banks

The regulator told commercial banks and payment organizations that when using ATMs and other self-service devices, they must ensure technical and internal control, record transaction results, and retain the necessary data. Upon a client's request, the bank must provide a response indicating the information used in forming its conclusions on the disputed situation. If a transaction was not properly executed, the consumer's violated property rights must be restored in accordance with legislation.

Liability cannot be shifted to the client

It is emphasized that if a violation of mandatory requirements by the servicing organization prevents an objective establishment of the circumstances of a disputed transaction, the consequences of such a violation cannot be imposed on the consumer. If violations are identified, the Central Bank intends to apply supervisory measures and liability measures provided for by legislation.

Context: fees for card top-ups

This demand came after the Central Bank, at a recent roundtable, discussed fees charged for depositing cash onto bank cards, a topic that had also raised questions among citizens. No decisions resulting from the discussion have been reported in available publications.