Bank is condemned after couple falls for fake bank slip scam; understand

Bank is condemned after couple falls for fake bank slip scam; understand

Itaú Unibanco must pay R$10,000 for moral damages to retirees, who live in Praia Grande (SP). When contacted by g1, the financial institution stated that it does not comment on ongoing legal actions.

The São Paulo Court ordered Itaú Unibanco to compensate a couple, aged 65 and 67, who fell for the fake bank slip scam. The decision may be appealed.

The banking institution must pay R$10,000 for moral damages, in addition to canceling the charge on the credit card bill, which ended up being paid to a swindler.

In a note, the bank informed that it does not comment on ongoing legal actions, but highlighted that it invests in security and monitoring technologies.

As reported in the document, the residents of Praia Grande (SP) made the payment in the amount of R$ 2,343.78, as the bill was identical to the legitimate ones.

The bank canceled the name of one of the retirees and paid the bill in 12 installments, generating a new debt, which caused physical and psychological damage to customers.

The São Paulo Court ordered Itaú Unibanco to compensate a couple, aged 65 and 67, who fell for the fake bank slip scam. According to the sentence, obtained by g1 this Friday (2), the banking institution must pay R$10,000 for moral damages, in addition to canceling the charge on the credit card bill, which ended up being paid to a swindler. The decision may be appealed.

In a note, the bank informed that it does not comment on ongoing legal actions, but highlighted that it invests in security technologies, monitoring and awareness initiatives to help customers protect themselves against fraud attempts.

Residents of Praia Grande, on the coast of São Paulo, received a false credit card bill in the mail in July 2024. As reported in the document, the retirees made the payment in the amount of R$2,343.78, as the bill was identical to the legitimate ones received previously.

Days later, the bank warned that the July invoice was outstanding, making the couple realize that the payment had been made to a third party. Immediately, the retirees notified the financial institution and registered a police report (BO).

According to the report, the bank refused to resolve the issue administratively, withheld the name of one of the retirees and paid R$ 2,343.78 in 12 installments, generating a new debt of R$ 6,915.12, without authorization from customers.

The retiree, whose name was blacklisted, claimed to have developed a severe allergic reaction and thrombosis after the incident. The physical and emotional damage caused him and his wife to take legal action against the bank.

The retirees' lawyer, Fabricio Posocco, stated that the false invoice was issued and sent to customers because the bank did not guarantee the security and privacy of their personal data. "The invoice presented all the couple's correct and confidential information", highlighted the professional.

In the decision, judge Cristiane Vieira, from the 1st Civil Court of the Regional Court of Jabaquara, in São Paulo, also highlighted that, "in some way, the bank allowed the contract data to reach criminals, enabling the production of the title".

According to the judge, it is not possible to accept the thesis that consumers would be able to perceive the fraud because it was not explicit. "Analyzing the bill in question, apparently there is no evident defect."

The judge also said that even if the fraud was committed by a third party, the bank is responsible for the losses caused to the consumer, as provided for in Precedent 479 of the Superior Court of Justice (STJ).