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He suffered fraud, theft, kidnapping? The bank has to pay the damage on the card?

06/24/2016

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Source: UOL

Walking with credit or debit card at the cash replacement is increasingly common. But what if an unknown purchase on your card statement? And in case of theft or kidnapping lightning, is that the bank is obliged to pay the customer's losses?

Depends on the situation. In case of fraud and theft without the client has passed the password to someone, a refund is made smoothly. But when the client provides a password (even thank you for the thief's gun in the case of a kidnapping), banks do not take responsibility, and the discussion can end up in court. 

Internet fraud

Adriano Volpini, director of fraud prevention Febraban (Brazilian Federation of Banks), says that in the case of fraud (someone capture customer data on the card to make purchases over the Internet), the bank responsible after investigation.

Rodrigo Cury, executive superintendent cards Santander says that banks are able to verify where it came from buying on the internet if the customer was even spoofed, or simply forgot that made the purchase.

"There are even cases of self-delusion, when the client pretends suffered a blow not to have to pay for the purchase. In this case, if there was the reversal in the first instance, the bank returns to charge the customer," he says.

Renata Reis, coordinator of the technical area of Procon-SP, says that the obligation to pay compensation in this case stems from the principle of strict liability of the Consumer Protection Code. "By this principle, if the consumer suffers damage as a result of a product or service, who should answer for it is the supplier."

Source: Procon-SP

To access the Procon-SP site, click here.

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