Currently, the proliferation of digital frauds through messaging apps, such as WhatsApp, has raised substantial concerns. These scams target consumers and involve financial institutions in complex legal disputes over their responsibilities and the security measures required to protect customers.
In a recent ruling by the 4th Appeals Panel of the Special Civil and Criminal Courts of Bahia, significant guidelines were outlined regarding the obligations of financial institutions in the face of digital fraud. The central issue involved a consumer who, upon receiving fraudulent messages from a scammer pretending to be an acquaintance, was persuaded to make a financial transfer. As a result, it sought compensation from the bank institution, alleging material and moral damages based on claimed deficiencies in the security measures adopted.
The 4th Appeals Panel of the Special Civil and Criminal Courts of Bahia unanimously ruled that the financial institution was not responsible for the requested compensation. The decision emphasized that the transaction was completed without any systemic failure or interference by the institution, having been executed within the customer’s normal usage patterns. Thus, it was argued that there was insufficient evidence to support the claim that the bank directly contributed to the incident.
According to the judges, the strict liability of financial institutions, which applies to cases of internal failures, does not apply to situations involving external fraud without minimal evidence of negligence. This perspective aligns with the guidelines of the Superior Court of Justice, which requires a minimal initial proof of facts, avoiding the indiscriminate application of the principle of shifting the burden of proof in consumer cases.
The understanding in this case highlights the importance of a balanced approach regarding bank liability in digital frauds. Therefore, automatic liability of institutions for all external incidents involving their clients is avoided, while at the same time reinforcing the need for consumers to act cautiously and verify the legitimacy of requests received before making transactions.
In conclusion, this precedent establishes a balanced approach to digital frauds, clarifying the shared responsibilities between financial institutions and consumers. By highlighting the importance of collaboration, it encourages banks to strengthen their security mechanisms while urging consumers to be vigilant and cautious in their transactions. It promotes a safer and more reliable digital environment, benefiting all participants in the financial landscape.
Reference: case No. 0219164-46.2023.8.05.0001, 4th APPEALS PANEL OF THE SPECIAL CIVIL AND CRIMINAL COURTS OF BAHIA.
Available in: https://www.migalhas.com.br/depeso/430785/fraudes-digitais-bancos-e-o-dever-de-cautela-dos-consumidores
Autor: Renata de Cássia Moraes Nicodemos • email: renata.nicodemos@hotmail.com • Tel.: +55 67 99234 3888
