Further information for a free initial consultation
In recent months, numerous DKB Bank customers have fallen victim to online fraud and credit card abuse. Attorney Eser, a specialist in banking and capital market law with over 20 years of experience, represents those affected and supports them in reclaiming their losses and enforcing their rights.
What is particularly noteworthy is that Mr. Eser ensures that each case is processed individually and independently in order to achieve the best possible solution for the injured parties.
Consumer-friendly legal situation: high chances of success for bank customers
Thanks to a consumer-friendly legal situation, the chances of success for those injured in online and credit card fraud are particularly good. “Our law firm has already achieved numerous positive results and out-of-court settlements against banks, where our clients were compensated quickly and easily,” says lawyer Eser. Particularly when dealing with DKB Bank, advantageous settlements for those affected have already been achieved in this way.
Attorney Eser, a specialist in banking and capital market law, provides information about the consumer-friendly legal situation in credit card and online fraud cases and strengthens the rights of affected bank customers, especially at DKB Bank. German law – in particular the provisions of § 675u ff. BGB – offers a high level of protection for consumers in such cases.
Consumer-friendly legal situation and reversal of the burden of proof in favor of bank customers
According to the regulations of § 675u BGB, banks are obliged to reimburse all unauthorized payments in the event of credit card and online fraud, unless the customer has acted with gross negligence. The legislation here deliberately goes on the side of the consumer and strengthens their rights. What is crucial is the so-called “reversal of the burden of proof”: banks must explain and prove that the customer made the misuse possible through gross negligence, for example by passing on security-relevant data.
“This reversal of the burden of proof ensures that bank customers are not liable for fraudulent transactions through no fault of their own. The bank is obliged to take comprehensive security precautions and, in an emergency, to prove that the customer is responsible for the misuse,” explains lawyer Eser.
The Federal Court of Justice (BGH) has specified the liability of banks in various rulings, particularly in the case of credit card misuse and online fraud. This case law increasingly offers consumers protection and strengthens their position by specifying the security and due diligence requirements of banks.
Here is a brief overview of the key decisions:
1. BGH, judgment of January 26, 2016 – XI ZR 91/14
- Theme: Bank liability for phishing and online fraud
- Contents: In this ruling, the BGH stated that banks are obliged to reimburse if a payment is made without the customer’s consent. Banks generally bear the burden of proof that the customer acted with gross negligence, for example by disclosing sensitive data such as TANs. If the bank cannot prove that the customer committed this negligence, the bank will be liable for the damage. This ruling strengthens the rights of bank customers by establishing that banks are liable for online fraud and misuse of payment data, unless the customer has shown gross negligence.
2. BGH, judgment of April 24, 2018 – XI ZR 233/17
- Theme: Bank’s liability for unauthorized credit card use
- Contents: Here the BGH decided that banks are obliged to reverse transactions if they were made without authorization from the cardholder. In particular, the court emphasized that banks must apply careful security measures to detect fraudulent transactions. The customer also does not have to pay for damages if the bank neglected its control obligations. The BGH made it clear that banks can be liable for credit card fraud if they do not adequately take the necessary measures to detect fraud.
3. BGH, judgment of November 29, 2011 – XI ZR 370/10
- Theme: Liability of the customer and the bank in the event of EC card misuse
- Contents: The BGH ruled that customers are only liable if they have not carefully stored their bank details. If debit and credit cards are misused, banks are obliged to provide a full refund unless the customer has acted with gross negligence. This ruling underlines that banks must assume extensive liability if customers have carefully stored their cards and PINs.
Specialist legal support with decades of experience
Attorney Eser highlights the advantages of his specialized support: “Our clients benefit from in-depth expertise in banking and capital market law. Especially in today’s times when trust in banks is declining, it is crucial to be able to rely on individual and expert support.” Over the past two decades, Eser has achieved successful settlements and judgments against commercial banks and savings banks, including prominent banks and other well-known institutes.
Advantages for customers without legal protection insurance
An out-of-court settlement is often the preferred option, especially for bank customers without legal protection insurance, as it can bring about a solution quickly and cost-effectively. “We know the procedures and arguments that lead to a quick clarification. We have already successfully concluded numerous out-of-court settlements with DKB Bank and other institutions for our clients,” continued Eser.
