Bank will have to reimburse amount of fraud

Embezzlement scams applied to bank accounts are becoming more and more common every day. banks. The main target of these attacks is the elderly population with a lower degree of digital knowledge, and the scam aims to acquire confidential information from the victims to perform bank transactions.

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Judge Ricardo Truite Alves, from Colégio Recursal de Limeira (SP), considered that it is common knowledge that the bank password is for personal use and cannot be transferred. In this way, he condemned the victim's banking institution to refund the amount withdrawn from the elderly man's account.

On the case, the victim provided data when receiving a call that reported a purchase in his name. Therefore, for the transaction to be blocked, the victim would have to hand over the card with a password to a courier who would supposedly be sent by the bank. The judge, when condemning the bank, argued that it is not possible to demand the same knowledge from the 78-year-old of an average man who is inserted and has knowledge about the digitization and modernization of the service Bank officer.

The judge used Precedent 479 of the Superior Court of Justice, which determines that “financial institutions respond objectively for the damages generated by an internal fortuitous event related to fraud and crimes committed by third parties in the scope of operations banking”.

The request for compensation for moral damages was denied considering that the victim was not included in any program of credit protection, leaving the elderly person's bank account vulnerable, whose knowledge and information about digital practices it's too little. In this way, it becomes increasingly important to reinforce protection and information policies for the client.

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