On December 12, 2023, Valencia Court No. 17 issued sentence 349/2023,  declaring CAIXABANK's civil liability and condemning the financial institution to compensate our client for the  amount of the 1,500 euros that had been stolen from his account due to a breach in the bank's security system.  

You can check it in this post, in which we attach the sentence.

In January 2022, a CAIXABANK customer received an SMS from a cybercriminal, who through a deception action made her click on a link that redirected her to an apparent website (called in phishing jargon "mirror page") of CAIXABANK; Once she entered that website, the victim at the request of the fraudster entered her ID number and password to access online banking into the interface, which caused the cybercriminal to make two purchases from the international provider BINANCE for amounts of €1,000 and €500 respectively. The amount stolen as a result of the Phishing amounted to €1,500.

CAIXABANK ignored the complaints and claims of the affected party, which led him to put himself in the hands of Palomar Abogados to represent him legally.

Once the file in question had been analysed, at Palomar Abogados we filed a legal claim for compensation for damages in the amount of the €1,500 fraudulently stolen. In it, we strongly argued that the bank user had not been grossly negligent in the custody of his credentials, nor in his subsequent action to report the facts without delay; At the same time, we argued that the customer authentication system designed and implemented by CAIXABANK suffered from an inefficiency that led to a significant security breach, with the consequent risk to the customer.

The arguments presented by the expert report provided by CAIXABANK, despite its detailed exposition of more than 200 pages, could not counterbalance the soundness of the legal reasoning put forward by Palomar Abogados' lawyer both in the application and in the course of the oral trial, in which the reasons why the responsibility for the economic damage of the bank customer should fall exclusively on CAIXABANK were set out.

We are proud to have obtained as a result a favourable ruling that, together with so many others that have preceded it, make our professional firm a benchmark firm in the field of phishing, and set a precedent regarding the position of the Courts and Tribunals in this specific type of claim.

At Palomar Abogados we specialise in litigation on behalf of those affected by bank phishing. We recently had an interview on CADENA SER in which we explained the particularities of this specific type of legal action. You can listen to it at this link

https://cadenaser.com/audio/1615804954_410827/

If you have been a victim of phishing, do not hesitate to contact us. We will study your case without obligation, and if you wish we will provide you with legal assistance from the bank in recovering your money.

Call. Put yourself in our hands and we'll help you claim your money.

https://www.palomarabogados.es/contactar/