Spain, November 22, 2023.
The Court of First Instance No. 1 of Las Palmas de Gran Canaria condemns the bank to return the €900 of phishing fraud in Wallapop
Phishing is a form of online fraud in which, by impersonating the banking entity or any other platform, they are able to access personal information and make online purchases or other charges to the bank account. In this case, the fraud comes from Wallapop, where the victim is deceived by a supposed buyer who tells her that, to finalize the payment for the product, she, as a seller, must access her email and confirm the purchase via email. When you click on the fake Wallapop page, a tab appears that says “Wait, processing the bank’s response…”. Within minutes, the victim receives a notification in the banking application to authorize a transfer of €900, and upon entering said application to reject it, they immediately notified him that it had become effective. The victim reported the facts and filed a claim with the banking entity that was dismissed. Having not obtained any solution from the bank, she decided to contact Asesority, and they began to process the claim. Finally, the Court of First Instance No. 1 of Las Palmas de Gran Canaria condemned the banking entity in a final ruling. The bank must return the total amount defrauded (€900) to the victim, understanding that it is the banking entity that had incurred a breach of the duties of diligence in preventing fraud through Phishing. The banking entity is responsible for the damage total suffered, since he could not ignore that frequently, using this technique, the fraudster uses the card data to activate it in a payment application over which he has control. During the trial, it was not proven that the bank had complied with the duties of diligence in the authentication of payment operations, and it is not proven that there was an anti-phishing mechanism for the protection of users. Responsibility is only attributed to the bank, since this type of fraud is becoming more common, it must adopt greater guarantees to avoid that a third party, without authorization from the account holder, can authorize a payment without entering the password provided for this purpose. The Asesority law firm recommends that all those people who have been victims of phishing fraud do not give up and demand responsibility from the bank.
Contact Contact name: Sonia Seoane Mirás Contact description: Asesority Abogados Contact phone: 986 22 33 41
