The Supreme Court confirmed the ruling handed down by the Concepción Court of Appeals, which accepted a protection appeal against Banco Estado for granting a loan to a third party who fraudulently entered a client’s checking account.
The conflict arises after a bank client was notified of the payment of the first installment of a loan requested online for more than 3 million pesos of which she was not aware. When requesting that the granted credit be reversed, the bank refused, stating that it is the customers’ responsibility to safeguard their passwords and the money in their electronic checkbook.
The plaintiff acted for protection, accusing that the bank’s refusal is illegal and arbitrary, since a credit was granted through electronic means through fraudulent access to her account, the bank breaching the security obligations and restitution of monies stolen from fraudulent form prescribed by Decree with Force of Law No. 707.
The Concepción Court accepted the appeal, ordered the bank to eliminate the liability generated by virtue of the loan and ordered the return of the fees unduly received, for which it took into account that the respondent granted a loan through electronic means, without requiring any background information. that allowed to support that the applicant was the owner of the account, nor did it adopt the measures that would allow to establish if the application responded to a common pattern of conduct of the client. In turn, it is the obligation of the banks by virtue of the rules prescribed in the Compilation of Rules of the Commission for the Financial Market, to have systems or procedures that allow identifying, evaluating, monitoring and detecting in the shortest possible time those operations with fraud patterns.
The highest court confirmed the sentence in appeal, sharing the reasoning of the first degree ruling.
See the full text of the judgment Supreme Court Rol No. 4.364-2021 and Concepción Court of Appeals Rol No. 17.333-2020.
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