2024-04-19 20:34:58
The Court of Appeals for Civil and Commercial Matters of the 4th Nomination of Córdoba ratified a ruling issued by Judge Aquiles Julio Villalba, against a bank for failure to comply with safety regulations banking regulations established by the Central Bank of the Argentine Republic (BCRA) to prevent “cyber scams” or “phishing”.
The conviction arose from a telephone scam suffered by a woman of Italian nationality, resident in the country, who was the victim of a fraud that left his bank account empty. According to the ruling, The bank did not act preventively to suspicious operations, which allowed the scam to take place. The institution was not named in the ruling.
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“The bank was able to establish prevention systems that involve double authentication. Or at least a strong authentication criterion for the purposes of authorizing transfers. However, such failure to comply with security measures led to the perfection of criminal practice“said Villalba.
Although the entity recognized the scam, disclaimed responsibility presenting a formal statement signed by the client, in which she expressed that “she had nothing more to claim”, after understanding that the money would be returned in full. The judge considered the statement invalid due to the victim’s lack of complete understanding of the Spanish language.
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The ruling imposed on the bank the payment of a sum of money for material and moral damages suffered by the client, as well as a penalty for punitive damage due to non-compliance with BCRA security regulations. Furthermore, he ordered the dissemination of the resolution in a newspaper with large local circulation as a preventive measure to avoid future similar incidents.
“It should be noted that the bank’s failure to comply with effective mechanisms to prevent this type of event exposes a socially reprehensible behaviorsince it damages the public’s confidence in banking contracts,” the judge added.
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