Supreme Court rejects Banco Itaú lawsuit against customer victimised by computer fraud
The Supreme Court invalidated earlier rulings that attributed gross negligence to a defrauded customer, blocking the bank from requiring her to return the stolen funds.
Supreme Court rules in favour of customer deceived by cybercriminals
The Supreme Court rejected a lawsuit filed by Banco Itaú—identified as Banco Itaú CorpBanca at the time the action was brought—against a customer who was victimised by banking fraud, according to cnnchile.com. In a split decision, the highest court determined that the affected party did not incur inexcusable negligence in being deceived by cybercriminals.
The Second Chamber invalidated of its own motion the resolutions from lower courts that had attributed gross negligence to the user, thereby halting the bank's attempt to force her to return the stolen funds.
The ruling stated that the fraud presented a "sophistication in criminal conduct that does not appear to have been specifically brought to the attention of customers", and that the criminals gave the transaction an "apparent normality" by requesting security codes.
The chamber emphasised that, under Law No. 20.009, a banking institution may only demand the return of money if it proves gross negligence or wilful misconduct on the part of the customer—a burden of proof that the bank failed to meet during the litigation.
The resolution annulled the 2023 judgement from the Second Local Police Court of Las Condes and reversed what was upheld by the Court of Appeals of Santiago, definitively dismissing the judicial action brought by the financial institution. Two chamber members voted in dissent.
Source: Google News CL — Crime