Athanasios Rantos, the Advocate General of the Court of Justice of the EU (CJEU), has issued a formal opinion suggesting that banks must immediately refund account holders affected by unauthorized transactions, even when it's their fault.
The opinion was issued in response to a request for a preliminary ruling submitted by the District Court in Koszalin, Poland, in a dispute between the PKO BP S.A. bank and one of its customers.
The case involved phishing fraud, where the customer advertised an item for sale on an auction platform, and was approached by a fraudster who sent them a malicious link to a page resembling the bank’s login interface.
The customer entered their bank account credentials on that site, which the fraudster then used to execute an unauthorized payment.
The victim reported the transaction the next day to both the bank and the police, but the fraudsters were not identified, and the bank refused to refund the lost amount. In response, the customer sued the bank.
The dispute arose because the bank argued it could deny the refund if the customer’s negligence caused the loss.
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EU court adviser says banks must immediately refund phishing victims
Athanasios Rantos, the Advocate General of the Court of Justice of the EU (CJEU), has issued a formal opinion suggesting that banks must immediately refund account holders affected by unauthorized transactions, even when it's their fault.www.bleepingcomputer.com
