Post by anik4600 on Feb 26, 2024 23:53:03 GMT -6
The vote was unanimous. EAREsp 2.025.237Bank must reimburse customer for cloned card after purchase from street vendor Tábata ViapianConsumer Due to a security breach, the 22nd Chamber of Private Law of the São Paulo Court of Justice amended its ruling to condemn a bank to return amounts deducted from the account of a customer who had his card cloned after buying drinks from a street vendor. reproduction Reproduction TJ-SP ordered bank to reimburse customer, but not to pay compensation for moral damages According to the records, the consumer challenged three purchases, worth R$6,500, R$6,800 and R$20, which, according to him, were made after the card was cloned.
The bank denied the refund, which led to the filing of the lawsuit. To TJ-SP, the customer argued that the purchases were made within a 19-minute interval and that they were completely outside his consumption profile, in addition to exceeding the credit card limit, which was R$11,400. In a unanimous vote, the judging panel accepted the appeal. Initially, the rapporteur, judge Alberto Gosson, acknowledged that the author did not act with the necessary caution. "It is well kno Venezuela Mobile Number List wn that scams such as cloning and others are quite common, no longer representing anything new that could surprise people. He bought drinks from a street vendor at night, not declining further details regarding the transaction as noted in the sentence. " However, according to the judge, the purchases of R$6,500 and R$6,800, in fact, are outside the author's consumption profile, in addition to having exceeded the credit card limit, which should have been blocked by the bank's system. Gosson said that situations like the one in the case must be analyzed based on the particularities presented.
Therefore, the rapporteur denied the request for compensation for moral damages, ordering the bank only to reimburse the two higher value purchases. "In view of the above, I understand that it is reasonable for the financial institution to be responsible for the compensation corresponding to the purchases of R$6,500 and R$6,800", concluded Gosson.WITHOUT PREJUDICE TJ-SP exempts laboratory for error in genetic investigation exam Tábata Viapiana March 13, 2023, 7:31 am ConsumerCivil responsability As it did not envisage any harm to the plaintiff in the action, the 15th Chamber of Private Law of the Court of Justice of São Paulo denied.
The bank denied the refund, which led to the filing of the lawsuit. To TJ-SP, the customer argued that the purchases were made within a 19-minute interval and that they were completely outside his consumption profile, in addition to exceeding the credit card limit, which was R$11,400. In a unanimous vote, the judging panel accepted the appeal. Initially, the rapporteur, judge Alberto Gosson, acknowledged that the author did not act with the necessary caution. "It is well kno Venezuela Mobile Number List wn that scams such as cloning and others are quite common, no longer representing anything new that could surprise people. He bought drinks from a street vendor at night, not declining further details regarding the transaction as noted in the sentence. " However, according to the judge, the purchases of R$6,500 and R$6,800, in fact, are outside the author's consumption profile, in addition to having exceeded the credit card limit, which should have been blocked by the bank's system. Gosson said that situations like the one in the case must be analyzed based on the particularities presented.
Therefore, the rapporteur denied the request for compensation for moral damages, ordering the bank only to reimburse the two higher value purchases. "In view of the above, I understand that it is reasonable for the financial institution to be responsible for the compensation corresponding to the purchases of R$6,500 and R$6,800", concluded Gosson.WITHOUT PREJUDICE TJ-SP exempts laboratory for error in genetic investigation exam Tábata Viapiana March 13, 2023, 7:31 am ConsumerCivil responsability As it did not envisage any harm to the plaintiff in the action, the 15th Chamber of Private Law of the Court of Justice of São Paulo denied.
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