–
The banking group KBC has been ordered in two lawsuits to repay a total of more than 32,000 euros to customers who have become victims of online scammers. An important precedent, because the conviction means that anyone who loses money to ‘phishers’ can recover the damage from their bank.
–
Those who fall victim to phishing can invoke a law from 2018 that states that the banks are liable for the money stolen through fraudulent transactions.
–
The two KBC customers lost more than 7,000 and 25,000 euros respectively. But the bank did not want to repay them the full amount, Het Laatste Nieuws reported on Monday. Those who fall victim to phishing can invoke a law from 2018 that states that the banks are liable for the money stolen through fraudulent transactions. In other words: anyone who loses money to phishing can recover that damage from their bank.
–
But there is an exception to that rule. If the bank establishes gross negligence on the part of the customer, no money must be refunded. After all, it is the customer who has consciously passed on his bank details to the scammers, is the reasoning. That argument was also cited in the two lawsuits against KBC, but the judges did not address it. The bank did appeal, so it could take years before the duped customers see their money refunded.
–
Ombudsfin
KBC is by no means the only banking group that accuses customers of gross negligence not to have to repay phishing damage. Ombudsfin, the ombudsman for financial services, has pointed out for some time that banks do not always fulfill their obligations to reimburse customers if they become victims of internet fraud.
–
Even if Ombudsfin agreed with affected customers, that was no guarantee that the banks would repay them.
–
Some affected customers went to Ombudsfin to get their money’s worth. But even if that institution agreed with them, that was no guarantee that the banks would pay them back. ‘In many cases where victims of phishing asked for compensation and were proved right, the bank ultimately did not follow our advice’, quoting Het Laatste Nieuws Ombudsfin. ‘That is very striking and we have never experienced that before.’ This concerns more than 250 customers, almost 70 percent of all complaints from phishing victims.
–
At Febelfin, the main aim is to emphasize that banks are only part of the chain.
–
–
