ความรับผิดทางแพ่งจากการใช้บัตรเครดิต (กรณีมีเซลสลิป)

Abstract

Currently, there is no specific Thai law governing the credit card transactions. With a specific statute being drafted, the legal gap is a main factor for some opportunists to seek unjust benefits fromcredit card usage, mostly with a sales slip as primal evidence. There was a precedent case 1989/2552 in the Supreme Court decision. A credit card holder notified the issuing bank that his credit card was stolen. However, the issuing bank brought a case against the credit card holder with claim for the latter's payment for the debt incurred before the notification despite the fact that the signature on the sales slip was obviously different from the holder's signature provided in the credit card contract. Moreoever, while the case was pending for trial, the issuing bank was required by law to report the non-payment to the /national Credit Bureau, Co. Ltd. As a result, the credit card holder's name was included in the list of outstanding debtors with financial institutes until the timeconsuming court proceedings were completed. Although the Credit Data Information Business Act B.E.2545 contains some provisions to protect a data owner (cardholder), man cases are not governed by this statute. The purposes of this results are (1) to study the civil liability arising from credit card transactions with a saless slip being evidence; (2) to identify appropriate legal measures in order to protect innocent consumers as detailed in the Supreme Court decision 1989/2552; and (3) to identify additional legal measures to the Credit Information Business Act B.E.2545 to protect innocent consumers yet suffering from certain damage.

It is a qualitative documentary research. The results of the study show that the civil liability arising from credit card transactions is based on a contract and wrongful act. The researcher wishes to make the following recommendations. There should be additional provisions in the Credit Card Business Draft Bill B.E...Chapter V with the content to be derived from the Announcement of the Committee of Contracts governing the case of notification of card loss to the issuing banks by the card holders. There should be additional provision to protect the card holder in good faith. There should be Chapter IV in the Credit Information Business Act B.E.2545 stipulating some legal measures to require other members of the National Credit Bureau who might use the related credit data be informed of data changes. The specific period of time should be provided for the Credit Information Protection Committee to consider an appeal before a decision is to be made accordingly. Likewise, the specific period of time should be provided for the credit owner to file an appeal if he or she is not satisfied with decision of the Credit Information Protection Committee.