The present invention relates generally to financial transactions, and more particularly, to apportioning liability for fraudulent transactions in a financial system.
The credit card industry, created over twenty-five years ago, has been a boon to consumers and merchants alike. Credit cards allow consumers to make purchases when other methods of tender are either inconvenient or impossible to use under the circumstances. However, the credit card industry is not without potential financial hazards—although significant strides have been made to enhance the security of transactions and protect account-related information, fraud still remains a major concern and expense.
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Cardholder 130 presents a credit card to a Merchant 120 (at step 145) as tender for a financial transaction such as a purchase of goods. As part of the transaction, the Cardholder's 130 credit card is typically scanned or swiped through a magnetic card reader by the Merchant 120, whereupon account information is read from the card and a request for authorization is transmitted to the Merchant's Acquirer 110 (at step 155). Acquirers are financial organizations that process credit card transactions for businesses (e.g. merchants) and are licensed as members of a credit card association such as Visa. As such, acquirers establish a financial relationship with their merchants, and assist in preventing and reporting fraudulent transactions and security-related events. The Acquirer 110 transmits the account information to the transaction handler, or Financial Service Provider (or “FSP”) 100 (at step 165), who in turn routes the request to the Cardholder's issuing bank, or Issuer 140 (at step 170). The Issuer 140 returns authorization information to the Financial Service Provider 100 (at step 170) who returns the information to the Merchant 120 through the Acquirer 110. The Merchant, 120, now knowing whether the Issuer's 140 credit card account is valid and supports sufficient balance, may complete the transaction and the Cardholder 130 in turn receives goods and/or services in exchange (at step 150). Most credit card associations instruct merchants that after receiving authorization, the detailed credit card account information obtained from the point of sale magnetic stripe scanner must be deleted.
To reconcile the financial transactions and provide for remuneration, information about the transaction is provided by the Merchant 120 to Acquirer 110 (at step 155), who in turn routes the transaction data to the Financial Service Provider 100 (at step 165) who then provides the transaction data to the appropriate Issuer 140 (at step 170). The Issuer then provides funding for the transaction to the Financial Service Provider 100 (at step 175) through a settlement bank (not shown). The funds are then forwarded to the Merchant's Acquirer 110 (at step 180) who in turn pays the Merchant 120 for the transaction (at step 160), (less a merchant discount, if applicable). The Issuer 140, then bills the Cardholder 130 (at step 185), and the Cardholder 130 pays the Issuer 140 (at step 190), with possible interest or fees.
Many credit card companies have identified critical security guidelines that, if followed rigorously, reduce or eliminate altogether most forms of fraud. Yet, as in any system where human interaction is a factor, security guidelines are not always followed. For example, many credit card companies mandate that after transactions have been authorized, merchants must not store detailed account information obtained by scanning the magnetic stripes on customer credit cards. However, merchants may not always follow this rule, and as a result, account information may be stolen from merchants who accumulated and retained information from point of sale terminals. With the advent of computer networks, the account compromise problem is compounded by the ability of hackers to surreptitiously enter a merchant's computer system and obtain credit card account information without detection.
Once account information has been compromised through unauthorized direct access to stored data or unauthorized network entry, card data may be used to perpetrate fraud on any number of merchants. For example, hackers or data thieves may use the fraudulently-obtained data to create counterfeit credit cards from card blanks or stolen cards. Once such cards have been programmed with legitimate account information, persons producing such cards at time of purchase appear to be legitimate account holders, at least until account numbers are suspended or cancelled through a report of theft or fraud. However, a significant period of time may elapse from the unauthorized acquisition of account data until the nature of the data theft is discovered. During this time, massive amounts of fraud may occur; especially when data involving thousands or millions of account numbers may be stolen during any particular account compromise event.
Once account compromise has been discovered, instructing card issuers to cancel or refuse authorization for transactions is only part of the problem. The financial aftermath of the compromise event needs to be addressed, particularly from assigning liability to the appropriate parties and ensuring that fair and equitable remuneration occurs. In the past, resolving the issue of liability and operational expense reimbursement may have required examination of voluminous records in an attempt to determine liability for each potentially fraudulent transaction that arose from magnetic stripe counterfeit fraud (or MSCF). This process required enormous investments in time and human capital and may have resulted in an inconsistent approach to assigning liability to the interested parties. Further, card issuers are concerned that they not only be remunerated for their liability for the fraudulent transactions, but also for the added expense in customer service and re-issuance of cards to the affected card holders.
What is needed, then, is a system to receive notice and information related to an account compromise event and provide an efficient method to allocate liability to affected parties. What is also needed are cost- and time-efficient methods to assist in compensating card issuers for the added customer service resulting from fraudulent transactions that do not otherwise impair the economics of card re-issuance. What is also needed is a method of allocating liability that incentivizes participating parties to quickly report suspected financial fraud or data compromise events.
A system receives and processes information relating to financial accounts that have been compromised by unauthorized access to account information, and assign liability to the appropriate parties. One form of compromise event may involve unauthorized acquisition of credit card magnetic stripe data that had been scanned and stored by a merchant. Transactions related to the compromise event are analyzed and compared to industry-wide fraud rate distributions, and conclusions are drawn regarding whether fraudulent transactions associated with accounts involved in the compromise were a result of the compromise event or would have occurred despite the compromise event. After determining that an additional or incremental amount of fraud occurred as a result of the compromise event, an aggregate liability figure may be calculated and assigned to the affected entity.
In one implementation, once a merchant notifies their acquirer of an account compromise event, the acquirer transmits via a secure interface the stolen account numbers that in turn are stored directly to a secure database. The transaction handler or financial service provider (or “FSP”) then investigates and verifies that an account compromise had occurred. Affected users are notified of the compromised accounts, and affected issuers take appropriate actions such as monitoring, closing, or blocking the compromised accounts.
The financial service provider reviews information and transactions related to the compromise event, and determines whether to apply an embodiment of the incremental fraud analysis of the present invention. If the FSP decides that the validated account compromise meet certain, criteria, it calculates and advises the acquirer of its potential financial liability, which may include a percentage of fraud liability such as magnetic stripe-read counterfeit fraud and partial operating expense liability amounts. As an example, the magnetic stripe-read counterfeit fraud estimate may be based on the magnetic stripe-read counterfeit fraud that has been reported at the time of the notice and includes an estimation of fraud that is projected to occur prior to the end of an event window, but has yet to be reported as fraud.
In another implementation, an acquirer has a predetermined period of time (such as 30 days) to appeal the preliminary liability decision to the financial service provider for consideration. After the event window has passed, a predetermined period of time (such as 90 days) is also provided for issuers to submit any final fraud reports. If the event still meets established criteria at the end of the issuers' opportunity to submit fraud reports, the financial service provider calculates the attributed fraud and operating expense liability amounts due each participating issuer impacted by the compromise. In yet another implementation, acquirers choose how to notify their merchants about estimated and final liability amounts.
The features and advantages of implementations of the disclosure will become more apparent from the detailed description set forth below when taken in conjunction with the drawings, in which like elements bear like reference numerals:
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A Merchant 205 who stores financial account information from sales transactions is vulnerable to a compromise event. Such an event may arise from an employee making copies of stored account information that had been derived from credit card magnetic stripe scans, or from a hacker accessing the Merchant's scanned account information database through a network connection such as the Internet. As a result, detailed account information is taken 245 from the Merchant 205 by a Thief 200 (such as a counterfeiter, hacker, or the like). Typically the detailed account information is then used by the Thief 200 to manufacture counterfeit cards by programming magnetic stripes on new blank credit cards or reprogramming stolen credit cards (at step 250). The cards are then used by parties 210 wanting to perpetrate fraud by presenting the cards as tender (at steps 255 or 260) for what appears to Merchants 205, 215, 220 to be legitimate transactions. One reason why counterfeit cards may be used successfully is that there may be a significant period of time that elapses from the moment the account data is compromised (at step 245) to a time when a report of compromise or analysis of fraud patterns indicates that the accounts have been compromised. In the interim, parties 210 may use the cards to make many fraudulent transactions, of the type referred to herein as magnetic stripe counterfeit fraud (“MSCF”). Those of skill in the art recognize that MSCF is only one type of fraud among many types of financial fraud perpetrated in credit card financial transactions. For example, but not by way of limitation, among other credit card fraud types are lost card fraud, stolen card fraud, fraud for cards not received in the mail, fraud arising from fraudulently completed applications, account takeover, and card not present fraud (e.g. fraudulent use of an account number, for instance, through a phone order).
Once MSCF-type fraud has been perpetrated, at some point the Merchant 205 who was a victim of the compromise may report the compromise event to the Merchant's Acquirer 225 (at step 265), who may, in one embodiment, ultimately be assigned liability for MSCF-type fraud that occurs as a result of the compromised account data. The Responsible Acquirer 225 then contacts the Financial Service Provider 100, and uploads through a secure network connection 240 the account information for the compromised accounts (at step 270). The date of the report is recorded as part of the process. The account data provided to the Financial Service Provider 100 is stored 275 in a secured database 235 that is maintained by the transaction handler or provider 100, and is accessible in a limited fashion to Issuers 140, Acquirers 230, 225, the Compromised Merchant 205, and to law enforcement officers (not shown).
Upon receiving notice of the compromise, the Financial Service Provider 100 provides notice 276 to the affected Issuers 140, that is, to Issuers who have issued accounts that appeared among the list of compromised accounts. The Issuers 140 then may take the appropriate action such as blocking additional transactions, contacting cardholders for questionable transactions, handling dispute issues, and re-issuing cards. As those of skill in the art understand, the customer service burden from MSCF-type fraud imposed upon the Issuers 140 is significant. Therefore part of the Issuer's 140 overhead expense liability may, in one embodiment, be assigned on a flat-fee per-compromised-account basis to the Responsible Acquirer 225, who will then be obligated to provide at least partial reimbursement.
After notice of the compromise event is received by the Financial Service Provider 100, a process begins to establish what fraud, if any, has occurred as a direct result of the compromise event. In prior art approaches, analysis was conducted on a transaction-by-transaction basis to determine which transactions qualified for fraud handling and individual determinations were made as to liability for the fraudulent amounts. However, in an implementation, data is analyzed by the Financial Service Provider 100 from composite databases (transaction and fraud database 235) that comprises the reported financial fraudulent transactions and account information, overall industry-wide financial transaction information (not shown), and Issuer account databases (not shown). Those of skill in the art recognize that the disparate data sources may be accessed by the Financial Service Provider 100 by a computerized process of retrieving and processing data under the FSP's control.
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The FSP 100 considers the nature, timing, and extent of the account compromise event, and determines whether certain threshold criteria are satisfied that would qualify the event for analysis under an implementation (step 360). For example, but not by way of limitation, the FSP could determine that the following criteria should be satisfied for continued analysis to be performed: (1) the compromise event involved at least a minimum number of accounts (such as 10,000 or more accounts); and (2) incremental MSCF is attributed to the compromise event. If the criteria are determined to be satisfied, the FSP continues to calculate and advise the responsible acquirer (and issuers, if applicable) as to the potential amount of financial liability to be assigned as a result of the compromise (at step 370). At the end of an issuer fraud reporting cutoff period, the FSP recalculates a final fraud liability amount (and ratio) 380 and communicates the liability amounts to the applicable acquirer and issuers 390.
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After the event window is established, a first set of data is extracted from a database 420, where the data represents industry-wide fraud of MSCF-type that occurred during the event window period. A second set of data is extracted from a database 425, and this data set represents industry-wide fraud of all fraud types that occurred during the event window period. From both sets of data extracted during steps 420 and 425, certain fraudulent transactions may be excluded from each data set, namely those transactions that involve account numbers that were accessed during the compromise event. The fraudulent transaction data extracted in both cases may comprise at least the amount of fraud, fraud type, and date of occurrence for each fraudulent transaction; or an aggregate of these factors may be extracted or classified by time period (e.g. aggregated by month of occurrence).
A ratio is computed that describes the ratio or distribution of an industry baseline MSCF-type fraud to all type frauds reported in the industry (step 430), exclusive of fraud committed outside of the event window and exclusive of fraud involving accounts compromised during the compromise event. In one embodiment, the data extracted in both sets above is partitioned and aggregated by time period, (by month, for example) and plotted over time to illustrate the time-varying ratio (or distribution) of MSCF fraud to all types of fraud over the event window time. The ratio or distribution so computed represents the baseline distribution of MSCF fraud within the universe of fraud types in the industry, and since compromised account transactions were excluded, this represents a distribution of the industry fraud profile that would have occurred had the compromise event never happened. The chart 600 shown in
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As an optional step, a second ratio 442 may be computed from the third and fourth sets to produce a distribution illustrating the proportion of MSCF-type fraud to all fraud types within the reported accounts during the fraud window. Similarly to step 430, in one embodiment, the data extracted in sets three and four is partitioned and aggregated by time period, (by month, for example) and plotted over time to illustrate the time-varying ratio (or distribution) of MSCF-type fraud to all types of fraud over the event window time for the compromised accounts. The ratio or distribution so computed represents the distribution of MSCF-type fraud only within the accounts reported in the compromise event report. The chart 700 shown in
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In an alternate implementation, rather than graphically comparing fraud ratio distributions, statistical testing may be used to identify whether the variation in the fraud data sets is due to pure chance, or whether the differences arise to a statistically significant variation (at step 450). In such case, well-known statistical testing techniques such as the chi-square statistic, Student's t-test (or t-statistic) or F-test may be utilized to compute numerically whether the variation in distributions is not due entirely to chance. The statistical techniques may be applied over an entire data set or piecewise over time-limited data such as monthly increments of fraudulent transaction data.
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In one embodiment, the ratio calculations and multiplications are conducted in piecewise fashion for fraud data reported during discrete time intervals, for instance monthly. In an alternate embodiment, the computations may be performed on aggregate fraud data accumulated over the entire fraud interval. Since the MSCF-type fraud ratio may be viewed as a probability of occurrence of fraud, the result of the product of the baseline MSCF ratio and the total reported account fraud is an amount of fraud that would have been expected to have been reported for the compromised accounts had the compromise event not occurred. Logically, by comparing the “expected” fraud in the compromised accounts to the actual reported fraud for the compromised accounts, then a difference can reasonably be attributed to incremental fraud arising from the compromise event. In one embodiment, therefore, the incremental fraud amounts are computed in a piecewise manner on the same time reporting intervals as the expected fraud amounts, and the amount of incremental fraud is computed by subtracting the total expected MSCF-type fraud amount for the compromised accounts during that interval from the total reported MSCF-type fraud for the compromised accounts during the same interval. The result of each piecewise subtraction may then be summed to produce a total incremental amount of fraud to be assigned to the proper entity, for example, to the acquirer whose merchant was the source of the compromised data.
Continuing with step 520, an incremental fraud ratio may be computed by dividing the incremental fraud for the compromised accounts that resulted from step 510 by the total actual reported fraud for the compromised accounts over the event window. This incremental fraud ratio can then be multiplied an amount of reported MSCF-type fraud for the compromise event at step 530 to determine the amount of fraud that was attributable to the compromise event, and therefore payable by the responsible entity (at step 540) (for instance the acquirer whose merchant was compromised). For instance, if an issuer reported a total of $10,000.00 of fraud from its accounts that happened to be accessed during the compromised event, and if the incremental fraud ratio was computed to be 65%, then the issuer should be reimbursed $6,500.00 by the responsible entity.
To express the computations symbolically, let Ai represent the first data set (the total industry MSCF-type fraud, exclusive of compromised accounts), Bi represent the second data set (total industry fraud losses of all types, exclusive of compromised accounts), and BRi represent the baseline fraud ratio, where i is an index referencing a particular time interval, for instance a particular month in the event window, where i may range from zero to an infinite number. The time-varying baseline fraud ratio is computed piecewise (forming a distribution over the event window) by the division BRi=Ai/Bi. Likewise, let Ci represent the third data set (the MSCF-type fraud reported for the compromised accounts), Di represent the fourth data set (total reported fraud losses for the compromised accounts), and IRi represent the incremental fraud ratio, where i is an index referencing a particular time interval, for instance a particular month in the event window, where i may range from zero to an infinite number. Then the time-varying incremental fraud ratio is similarly computed in a piecewise manner (forming a distribution over the event window) by the division IRi=Ci/Di. The expected fraud Fi for the compromised accounts is computed as Fi=Di*BRi. The total incremental fraud I is then calculated as
where j is the first month in an incremental analysis interval (for instance September '05 on chart 800,
may range from zero to infinity). Since the total actual reported fraud is
then IFR, the incremental fraud ratio, is
As an example implementation, consider the chart in
producing a value of $4,900,906.00. Over the same interval of September '05 until April '05, the total amount of actual reported magnetic-stripe counterfeit fraud related to the compromised accounts is computed as
Therefore, the incremental ratio to be applied to each issuer's report amounts is
Then, for an additional application example, say issuer XYZ Bank had accrued $50,000.00 of magnetic stripe fraud from September '05 until April '05 for its accounts that were among those reported in the compromise event report. XYZ's eligible recovery amount for this event is $50,000.00×64.5%, or $32,250.00. That is, under a method implementation, XYZ may make a claim for recovery of $32,250.00; and this amount of liability may be assigned to a responsible party, say the acquirer whose merchant's data was compromised. Those of skill in the art may further understand that certain administrative fees or allowances may be deducted from the $32,250 recovery amount to handle administrative or handling expenses, and certain minimum payment thresholds may be applied before a recovery payment takes place.
The steps of a method, process, or algorithm described in connection with the implementations disclosed herein may be embodied directly in hardware, in a software module executed by a processor, or in a combination of the two. The various steps or acts in a method or process may be performed in the order shown, or may be performed in another order. Additionally, one or more process or method steps may be omitted or one or more process or method steps may be added to the methods and processes. An additional step, block, or action may be added in the beginning, end, or intervening existing elements of the methods and processes.
The above description of the disclosed embodiments is provided to enable any person of ordinary skill in the art to make or use the disclosure. Various modifications to these embodiments will be readily apparent to those of ordinary skill in the art, and the generic principles defined herein may be applied to other embodiments without departing from the spirit or scope of the disclosure. Thus, the disclosure is not intended to be limited to the embodiments shown herein but is to be accorded the widest scope consistent with the principles and novel features disclosed herein.