Nubank was forced by the São Paulo court to compensate a customer who was the victim of bank fraud following the theft of his mobile phone. At the time, he alleges that the criminals transferred the entire amount stored in the “saved money” section of the bank’s app. After being denied a return request, the man sued for compensation for moral damages. The judge who reviewed the case acknowledged that there was a security flaw in the app.
Application Nubank (Image : Divulgation/Nubank)
The bank scam happened the day after the victim’s cell phone was stolen. The customer even blocked the number and the device from the operator and the manufacturer, respectively. However, the transfer of all his saved money was made by an unknown person, leading the account holder to demand that Nubank return the amount.
But the bank rejected the request, which led the victim to file a lawsuit against the company in the Court of Justice of São Paulo (TJ-SP). For the account holder, Nubank claims in advertisements that depositing sums in the “saving money” section of the application is as safe as using a safe, but this was still a loophole security that led to bank fraud. The client requested compensation of BRL 5,100 – the fraud took place in August 2021, this is the updated amount.
Nubank denies responsibility for app fraud
Nubank, in turn, contested the lawsuit, claiming that it could not be held responsible for the transaction which resulted in fraud, as it was carried out through the use of the personal password of the bank. victim. According to the bank, the customer was unable to report the material damage suffered or the failure of the service.
Despite the challenge, Judge Tamara Hochgreb Matos dismissed Nubank’s appeal and found the victim’s action well founded. The magistrate of the 24th Civil Court of the Foro Central de São Paulo concluded that the bank had to guarantee the security of the transfers in its request, being responsible for the invasion of the victim’s account.
In support of her decision, the judge cited a fraud case involving Mercado Livre and Mercado Pago. In the event, the criminals gained access to the victim’s data through the companies’ e-commerce systems, and the TJ-SP determined that the two must return to the customer the full amount stolen in the scam: 9,800 R$.
Finally, the judge forced Nubank to compensate the victim of R$5.1 thousand, in addition to paying the costs of the proceedings and the lawyers’ fees. search by technoblogNubank did not come back with a position on the case until the publication of this article.
With information: crumbs and digital convergence
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