The magistrate ordered the entity to arbitrate the necessary means to proceed with the suspension of any debit in the savings bank
The court of first instance ordered Banco Hipotecario SA to cease any debit in the savings bank of a man who had been the victim of a digital crime, until a final judgment is issued.
The subrogated magistrate of Court No. 11 in Administrative, Tax and Consumer Relations of the City of Buenos Aires, Martín Converset, granted the precautionary measure and ordered the Bank to arbitrate the necessary means to proceed with the suspension of any debit in the savings bank as payment of the mutual.
In the case “C., LR against Banco Hipotecario SA on Consumer Relationship”, the claimant filed a lawsuit to declare the nullity and / or total non-existence of the bank loan granted on September 30, 2020 for a value of $ 131,500 and the total and integrated refund of the sums that the defendant would have debited from her account.
He referred that on September 30, 2020, with the intention of requesting a Native Visa Card at Banco Nación, he entered an advertisement for said bank on the Instagram social network and sent a message.
Immediately, he indicated that they responded by requesting his cell phone number and received a call in the following minutes to process the product he was requesting.
They explained in detail how to obtain the aforementioned card and asked for the necessary information to start the corresponding process.
He reported that, a few moments after the reported event, his home banking account and his email address were blocked, so he contacted the Visa company and the Mortgage Bank, blocking his debit card and that of his son, as a precaution.
On October 1, 2020, he went to the Banco Hipotecario branch located in Villa Urquiza, and communicated what happened to the account officer who informed him that the blocking of home banking and mail would be something internal to the bank.
He described that ten days later, he went to deposit money in his Savings Bank and learned of a debit due to “a loan”. He immediately went to speak with the branch’s account officer, who informed him that he had taken out a loan and that, after granting the loan, From the same account, a transfer was made to a third party, disappearing the money that would have been granted, without the bank being able to reverse the operations carried out.
His lawyer stated that his client is doubly a victim, first of phishing carried out by criminals and then, of the state of abandonment in which the defendant placed him, who it had to minimally provide information, help him, protect him from the consequences derived from the illicit maneuver carried out by third parties.
On the other hand, on April 27 of this year, he criminally denounced the described maneuver. Finally, he described that he is constantly harassed with calls and intimations through emails and messages to pay the loan, by the bank and a legal firm.
And that, added to this, the defendant informed the employer of Mr. C. and his wife, that he is “a debtor of the entity and that” he must pay or legal actions will be initiated “; Extremely violating his good name and honor, and endangering his only source of work.
The client reported having been the victim of a phishing maneuver for which he asked not to be charged the credit
The judge recalled that the rights of users and consumers are regulated in the national Constitution in article 42 “[l]Consumers and users of goods and services have the right, in the consumer relationship, to the protection of their health, safety and economic interests; to adequate and truthful information; to freedom of choice, and to conditions of fair and dignified treatment. The authorities will provide for the protection of these rights, education for consumption, the defense of competition against all forms of market distortion, the control of natural and legal monopolies, the quality and efficiency of services. public, and the constitution of consumer and user associations “and in the Constitution of the Autonomous City of Buenos Aires, in its article 46″[l]The City guarantees the defense of consumers and users of goods and services, in their consumption relationship (…). Protects the health, safety and assets of consumers and users, ensuring equitable treatment, freedom of choice and access to transparent information, adequate, truthful and timely “.
With regard particularly to the case, he remarked “In this era of implementation of new technologies and new forms of contracting, which became even more acute with the obligation to resort to the virtual modality as a result of the Covid-19 pandemic, we must make special emphasis on consumer protection in situations such as the case of yore, where the actor has even criminally denounced having been the victim of a digital crime “. It indicated that the actor claimed to have made all the corresponding claims and by all possible means to denounce that the credit would have been obtained by third parties fraudulently but that “Said claims were not resolved and only one of them received a negative response ten months after the credit denounced.” In relation to this, “it is not possible to appreciate, in this cognitive state of the process, that the response provided by the Mortgage Bank contains well-founded reasons or a plausible explanation that would account for the reasons why it was not ascertained that Mr. C . whoever made the loan request “.
Finally, the judge warned that based on the accompanying documentary and the continued lack of response from the banking entity alleged by the petitioner, “it is possible to infer prima facie that the current regulations regarding” consumer information have not been complied with. “, which arises from the provisions of Article 4 of Law 24240 (Consumer Defense Law)”.