With the increasing number of scams applied in marketplaces and banks, legally mechanisms have been created for damage control of the parties involved. This also involves the consumer, who needs to be very careful when making a purchase as they may be paying a scammer.
The problem is that the buyer, upon discovering the scam, believes that institutions are responsible for fully reimbursing the amount paid to the criminal. However, court decisions show that it is not quite like that.
The most recent case involves a purchase made on the OLX website. The victim made a payment of R$ 313. This amount would be a percentage charged and later refunded. After the payment, the fake attendant sent a link which she clicked on and saw all the money disappear from the account. The amount was R$ 9,106.14.
The victim filed a lawsuit against Nubank S/A and others, as she understood they would be responsible for the transaction’s security. The judge responsible for the case, Lais Helena Bresser Lang, from the 4th civil court, understood that the institution was not at fault for the operation carried out between her and third parties.
Stefano Ribeiro Ferri, Consumer Law specialist and lawyer who acted as a defender for one of the banks (MICROCASH), points out that “it is important to highlight that the entire negotiation was carried out exclusively between the plaintiff and third parties, with no interference from financial institutions.
Therefore, failure to exercise care when making bank transfers to strangers demonstrates the occurrence of an external event, that is, there is no security breach on the part of the banks, since there are no indications of negligence, recklessness or any service failure. ‘The CDC establishes not only rights for consumers, but also imposes duties to be observed, such as the duty of diligence,’ notes the lawyer.
