With the increasing number of scams applied in marketplaces and banks, mechanisms for damage control of the parties involved have been legally created. This also involves the consumer, who needs to be very attentive when making the purchase because he may be paying a scammer.
The problem is that the buyer, upon discovering the scam believes that the institutions are responsible for the full reimbursement of the amount paid to the criminal.
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 reversed. After payment, the false attendant sent a link in which she clicked 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 that they would be responsible for the security of the transaction.The judge responsible for the case, Lais Helena Bresser Lang, of the 4th civil court, understood that the institution was not guilty of the operation made between her and third parties.
Stefano Ribeiro Ferri, specialist in Consumer Law and lawyer who acted as defender of one of the banks (MICROCASH), in reports that “it is important to highlight that all negotiation was carried out exclusively between the author and third parties, without any interference from financial institutions.
Therefore, failure to observe the duty of care when making bank transfers to strangers demonstrates the occurrence of external fortuitousness, that is, there is no security breach by banks, since there are no indications of negligence, recklessness or any failure in the provision of the service. “O CDC not only establishes rights for consumers, but also imposes duties to be observed, such as the duty of diligence”, notes the lawyer.
