What happens if the reader is an EMV one but the fake bank card looks like it has a chip and it was swiped instead of using the chip? I have a debit card with the chip but I can still swipe it at the hybrid terminals. Who owns liability in that case?
Once I used my chip cards in a reader in the US, and was told, "this is a chip card, please insert it into the bottom" so there's definitely a bit that can be set in the magstripe to tell the PoS that a chip should be available in case you clone just the magstripe.
