Phishing: a client was the victim of a virtual scam and the Justice approved an agreement with the bank

The judge noted that the entity will not collect the amount it claimed for a loan requested by home banking and the claimant will not sue for damages.

In electronic fraud, phishing is perhaps the oldest form of identity theft. In this mode, for example, the victim receives an authentic-looking email that supposedly comes from the bank of which you are a customer, who asks you to update your account information for various reasons that seem credible.

Then he realizes that he fell into a trap. Not only will you have had a bad time, but you will also have a debt since the cybercriminal, using the data he gave him, asked for a pre-approved loan and had his bank account emptied.

During the time of the coronavirus pandemic, this type of scams grew exponentially. A few days ago, a first instance judge in Civil and Commercial Matters in Córdoba decided to homologate an agreement between Banco BBVA and a client who was a victim of phishing.

The bank He agreed to cancel the loan, leaving it without effect “as if it had never existed” and to return the amounts withheld to the client, while he desisted from taking legal action for damages.

In the case “Gonzalez, Mario Alberto c / Banco BBVA Argentina SA – Abbreviated – Others – Oral Procedure – No. 9855847”, the victim had requested assistance online on the Instagram platform to the BBVA bank profile because he did not have an accredited amount.

He tried to communicate via Instagram with the bank, since by phone it was not possible.

Within a few hours, He was contacted by a person through the same platform, with the profile called “teresagalal 38” who said he was from the bank’s Customer Assistance sector and asked for his phone number to be contacted by a call, which finally happened through the WhatsApp application.

Next, the person asked for the security codes so he could close the claim made. After providing the codes to that person, the complainant indicated that the communication was cut off and a notice of change of user and digital password reached the email. from the aforementioned entity.

The victim tried to enter his homebanking account again and warned that he had been the victim of an online scam, a fact that he corroborated after not being able to access the bank account, and later by the telephone assistance staff to 0800 clients.

For this moment, Unknown third parties requested a loan in the amount of $ 180,000 that was offered on the web platform as a pre-approved credit through the DEBIN modality. After the claim, the parties reached an agreement where the bank will not collect the debt and the client will not make a judgment for damages.

Precautionary measure, in favor of the client

In another recent case, Chamber D of the National Chamber of Commercial Appeals confirmed a precautionary measure and suspended the collection of the installments of a loan that would have been granted to the claimant without her consent.

In the case “Moreda, Alejandro Daniel c / Banco Santander Río SA s / precautionary measure”, the court, Moreda would have been the victim of a computer fraud known as “phishing”, for which third parties would have violated his personal data and requested a loan on your behalf in the defendant bank, through the home banking platform.

Said loan would have been requested for the sum of $ 565,677, and that amount, plus the savings that he had deposited in his bank account, would have been transferred by those individuals to various accounts that he did not know.

The magistrates considered that, of the elements accompanied by the claimant – the criminal complaint made in a timely manner regarding the fraud and the detail of the bank statement -, the right invoked appeared plausible and that it is feasible to perceive the damages that the accrual of the quotas could cause from the economic point of view of the questioned loan granted without your consent.

Home banking pre-approved loans came under fire after hundreds of scam complaints during the pandemic

Crime on the rise

Antonio Palestini, lawyer for the Grispo study, indicated that, according to what was reported by the Specialized Cybercrime Fiscal Unit, cyber scams grew 3,000% from the pandemic. In 2019, 22 complaints of this type of crime were registered, while in 2020 the number of complaints increased to 641.

The modus operandi of the reported scams vary in different ways, but In all cases, various strategies used by criminals with the aim of obtaining data from digital money users were observed., and with these, steal their money, make purchases with their cards or request fast loans.

I mean, it’s a “digital guy’s tale.”

“Criminals through social networks, emails or through phone calls, contact victims using various excuses, such as offering some kind of promotion, or stating that they are contacted in relation to complaints received about failures in a certain service which they claim to offer, or which they claim to be part of the technical assistance sector, “he adds.

Based on the rise of this type of crime, the Central Bank of the Argentine Republic issued a series of recommendations to users regarding precautions that should be taken to protect bank and confidential data.

In this way recommends not providing confidential data (users, keys, passwords, pin, social security key, token key, original ID or photocopy, among others) by phone, email, social networks, or text messages. It is also not recommended to enter this type of data on sites that have been accessed through links received by emails, social networks, WhatsApp or text message.

In summary, in the current context it is necessary to be extremely careful when carrying out operations through electronic platforms, and in case of being a victim of one of these crimes, it is necessary to go to court as soon as possible to make the corresponding complaint, and thus be able to stop the execution of the loans that have been requested.


Theft of personal data through the internet increased exponentially

Identity fraud

Among the most common cases of identity theft are:

– Email phishing: Messages that are designed to appear to be from a legitimate organization, making them difficult to recognize, and include a malicious link or attachment.

– Phishing websites: They look like real websites, but they are designed to steal information or deliver malware to site visitors.

– Telephone phishing: A potential victim is called and convinced to take action on your computer, provide personal or confidential information, give the caller access to an otherwise restricted system or account, or send money.

– Smishing: SMS or WhatsApp messages that, for example, claim that the recipient has won a prize, such as a mobile phone. They also try to control the WhatsApp account, convincing the victim to hand over a verification code necessary to log into an account. It includes a malicious link that leads you to malicious software or a malicious website.

– Physical phishing: when someone pretends to be someone they are not, such as a police officer, an employee or a repairman, to gain access to a restricted area or to trick people into giving them money or information.

Leave a Comment