With the increasing number of scams targeting marketplaces and banks, legal mechanisms were created for controlling the damages of the parties involved. This also involves the consumer, that needs to be very careful when making the purchase as you may be paying a scammer.
The problem is that the buyer, upon discovering the scam believes that the institutions are responsible for the full reimbursement of the amount paid to the criminal. But court decisions show that it is not quite like that.
The most recent case involves a purchase made on the OLX website. The victim made a payment of R$ 313. This amount would be a percentage charged and later refunded. After the payment, the fake attendant sent a link that she clicked on and saw all the money disappear from the account. The amount was R$ 9.106,14
A vítima entrou com ação contra o Nubank S/A e outros, because she understood that they would be responsible for the security of the transaction. The judge responsible for the case, Lais Helena Bresser Lang, from the 4th civil court, understood that the institution was not at fault for the operation carried out between it and third parties.
Stefano Ribeiro Ferri, consumer law specialist and lawyer who acted in the case as a defender of one of the banks (MICROCASH), it is important to emphasize that the entire negotiation was conducted exclusively between the author and third parties, without any interference from financial institutions
Therefore, the failure to exercise due care when making bank transfers to strangers demonstrates the occurrence of external fortuity, that is, there is no security breach on the part of the banks, since there are no signs of negligence, negligence or any failure in the provision of the service. "The CDC not only establishes rights for consumers, but also imposes duties to be observed, how, for example, the duty of diligence, observe the lawyer.
