Abstract:
This research focuses on online payment methods which are premised on electronic funds transfer. It is a general discourse that the use of online payment methods is risky. It is held that the fear of fraud and abuse of a payment system is at the focal point of such risk.
Banks which provide these payment systems are usually not prepared to negotiate with their prospective customers. Resultantly, banks contract out of the risk associated with online payments, specifically the liability for unauthorized electronic funds transfers. This culminates in bank’s customers bearing the majority of that risk as a result of the bank-customer contract.
Some of the laws applicable to this relationship also ascribe to the notion above. They burden bank’s customers solely with the liability of the use of their cards until notification to the bank of its theft or misuse. This shows a completed disregard of the nature of how online payment methods operate.
Such imposition of liability is excessively one-sided in favour of the banks and detrimental to the bank’s customers. Ultimately, the scope of application of the current applicable consumer protection laws is limited by factors such as non-applicability to juristic persons or limitation based on asset value for those that do. This thus denotes a large segment of online payment methods users who cannot avail themselves to measures of protection provided for by the current applicable consumer protection laws.
The research aims to avert the issues as demonstrated above, provide clarity in pursuit of equity and compliance, plus a comprehensive consumer protection approach for online payment methods users.
