Alicante Court No. 15 has issued sentence 15/2023, of January 13, 2023, by virtue of which it rules in favor of our client and orders BANCO SANTANDER to compensate him an amount  of 5,101.39 euros for the amounts that were unduly taken from him on the occasion of a bank phishing activity.  

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

In February 2022, a customer of Banco Santander, S.A. received an SMS from a cybercriminal who directed her to a fake BANCO SANTANDER website through a link; Once on that website, the customer in good faith provided her passwords to access the online platform and the numbering of both her debit card and her credit card.  As a result, the cybercriminal made several purchases in various commercial establishments through the fraudulent use of such payment cards. The amount stolen as a result of the Phishing amounted to the aforementioned amount of €5,101.39.

BANCO SANTANDER, S.A. ignored the event, beyond slippery explanations, avoiding any responsibility to its client. Finally, the affected party opted to put himself in the hands of Palomar Abogados to legally represent him before the bank.

Once the events that occurred were known in detail, and the necessary evidentiary documentation had been collected, at Palomar Abogados we filed a lawsuit for compensation for damages in the amount of €5,101.39 illegitimately stolen. In them, we alleged that our client had at no time committed serious negligence in the custody of her credentials, and that, on the contrary, the customer authentication system implemented by BANCO SANTANDER, S.A. suffered from substantial security breaches and in turn violated the legal regulations on strong authentication of bank customers.

In the course of the oral hearing, the lawyer of Palomar Abogados indicated one by one the reasons why the responsibility for the economic damage of the bank client should fall exclusively on BANCO SANTANDER S.A., and as a consequence we obtained a favorable sentence that, together with so many others that our professional firm has been obtaining,   set a precedent regarding the position of the Courts and Tribunals in this specific type of claim.

At Palomar Abogados we are specialists in bank liability claims for 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 affected by a bank phishing activity, call Palomar Abogados without obligation. We will thoroughly study your case, and if you wish, we will provide you with legal assistance from the bank in recovering your money.

We'll call and help you claim your money.

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