Visa 10.1 - EMV Liability Shift (Counterfeit)
TL;DR
- A counterfeit card ran at your terminal and the chip never got read. Visa moves the loss to whichever side skipped EMV.
- The case turns on your terminal logs. Proof of a successful chip read wins it outright.
- Cardholder filing window: 120 days from the transaction date. Your response window: 30 days.
- Two logged chip attempts before any swipe fallback. That's the line between a defense and a certain loss.
- Non-EMV terminal? No defense exists. Replace the terminal.
A counterfeit card ran at a terminal that didn't read the chip. Visa calls this an EMV liability shift dispute, and the side that skipped EMV carries the loss.
When This Code Applies
- Counterfeit card presented at POS terminal
- Chip not read (swipe fallback)
- Terminal isn't EMV-capable
- Card has a chip, but the chip wasn't used
Conditions for Valid Dispute
Issuer Must Verify
- Card was counterfeit (verified by issuer)
- Card has EMV chip
- Chip wasn't used in the transaction
- Cardholder didn't authorize it
Transaction Must Be
- Card-present (face-to-face)
- Processed via magnetic stripe when chip was available
- At a non-EMV or EMV-fallback terminal
Time Frames
| Scenario | Window |
|---|---|
| Cardholder files | 120 days from transaction date |
| You respond | 30 days from the dispute |
Liability Shift Rules
Merchant Liable When
- Terminal isn't EMV-capable
- EMV fell back to swipe
- Technical malfunction prevented chip read
Issuer Liable When
- Card doesn't have chip
- Chip was read successfully
- Merchant followed proper fallback procedures
Representment Options
1. Chip Was Read
Evidence required:
- Terminal transaction log showing chip read
- EMV cryptogram data
- Terminal EMV certification
2. Card Had No Chip
Evidence required:
- Card imprint (if available)
- Terminal transaction record
- Acquirer confirmation of mag-stripe-only card
3. Proper Fallback Procedure
Evidence required:
- Two chip read attempts logged
- Terminal error logs
- Fallback was per Visa rules
Prevention Strategies
Terminal Requirements
- EMV-enabled terminals - All POS must support chip
- Contactless support - NFC reduces counterfeit risk
- Fallback procedures - Follow Visa guidelines for chip failures
Transaction Security
- Never force swipe - Unless chip genuinely fails
- Two-attempt rule - Try chip twice before fallback
- Document fallbacks - Log every fallback reason
Win Rate Expectations
| Defense Type | Expected Win Rate |
|---|---|
| Chip was read (with proof) | 80-90% |
| Proper fallback documented | 40-60% |
| No fallback documentation | Under 20% |
Common Mistakes
- Non-EMV terminals - Automatic liability
- Forcing swipe fallback - Without attempting chip
- No transaction logs - Can't prove chip attempt
- Staff training gaps - Improper fallback handling
Related Codes
- 10.2 - EMV Liability Shift Non-Counterfeit
- 10.3 - Other Fraud Card Present
- 10.4 - Card Not Present Fraud
Next Steps
Got this chargeback?
- Pull terminal logs → Was the chip read?
- Check for fallback → Did staff attempt the chip twice first?
- Verify EMV certification → Is the terminal certified?
- Respond within 30 days → Representment Workflow
Prevent future 10.1 chargebacks:
- Put every POS on an EMV-capable terminal
- Never force a swipe without two chip attempts
- Log every fallback transaction and the reason for it
- Review EMV requirements
See Also
- EMV & Contactless - Chip and NFC setup
- Card-Present Fraud - Counterfeit and skimming patterns
- Terminal Security - Tampering and skimmer checks
- Terminal Operations - Day-to-day POS handling