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Visa 10.2 - EMV Liability Shift (Non-Counterfeit)

Non-counterfeit card fraud where the chip wasn't read properly. This covers lost, stolen, or never-received cards at terminals with EMV fallback issues.

Overview

Unlike 10.1 (counterfeit), this code covers genuine cards used fraudulently when the terminal failed to read the chip.

When This Code Applies

  • Lost or stolen card used at POS
  • Card never received by cardholder (intercepted)
  • Genuine card, unauthorized transaction
  • Chip not read (swipe fallback)

Conditions for Valid Dispute

Issuer Must Verify

  1. Card is genuine (not counterfeit)
  2. Cardholder did not authorize transaction
  3. Card has EMV chip
  4. Chip was not read in transaction

Transaction Must Be

  • Card-present
  • Processed without reading chip
  • At EMV-capable or non-EMV terminal

Time Frames

ScenarioDispute Window
Standard120 days from transaction date

Liability Shift Rules

Merchant Liable When

  • Terminal didn't read chip
  • EMV fallback without proper procedure
  • Staff accepted swipe without chip attempt

Issuer Liable When

  • Chip was read successfully
  • Proper authentication occurred
  • PIN verified (if PIN-preferring card)

Difference from 10.1

Aspect10.110.2
Card typeCounterfeitGenuine
Fraud sourceCloned cardLost/stolen card
Key evidenceChip vs swipeChip vs swipe

Representment Options

1. Chip Was Read

Evidence required:

  • EMV transaction log
  • Cryptogram data
  • Terminal certification

2. PIN Verified

Evidence required:

  • PIN entry confirmation
  • Terminal PIN pad log
  • Correct PIN on first attempt

3. Cardholder Present

Evidence required:

  • CCTV footage
  • ID verification records
  • Signature match

Prevention Strategies

Transaction Security

  1. Always use chip - Never accept swipe if chip available
  2. PIN preference - Enable PIN for higher security
  3. ID verification - For high-value transactions

Staff Training

  1. Chip-first policy - Always attempt chip first
  2. Fallback rules - Document when and why
  3. Suspicious behavior - Decline if customer insists on swipe

Win Rate Expectations

Defense TypeExpected Win Rate
Chip + PIN verified85-95%
Chip read only70-85%
No chip readUnder 25%

Common Mistakes

  1. Accepting swipe without chip attempt - Liability shifts immediately
  2. No PIN verification - Lost security layer
  3. Staff override of chip requirement - Creates liability
  4. Missing transaction logs - Can't prove chip was used
  • 10.1 - EMV Liability Shift Counterfeit
  • 10.3 - Other Fraud Card Present
  • 10.4 - Card Not Present Fraud

Next Steps

Got this chargeback?

  1. Pull terminal logs → Was chip read? Was PIN verified?
  2. Check CCTV footage → Can you identify the cardholder?
  3. Gather evidence → Representment Workflow
  4. Respond within 30 days

Prevent future 10.2 chargebacks:

  1. Always use chip + PIN when available
  2. Enable PIN preference on terminals
  3. Install camera coverage at POS
  4. Review EMV requirements

See Also