On November 27, 2022, Gandesa Court No. 1 issued sentence 138/2022, by virtue of which it upheld the legal claim for compensation for damages filed by Palomar Abogados in favor of a victim of bank phishing, and condemned BANCO SANTANDER, S.A.  to compensate our client in the amount of 2,577 euros as  well as the legal costs of the claim.

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 number of her credit card.  From there, the cybercriminal made a payment transaction by fraudulently using the credit card. The amount stolen as a result of the Phishing amounted to the aforementioned amount of 2,577 euros.

BANCO SANTANDER, S.A. ignored the event, avoiding any responsibility towards its client, and the latter finally opted to put itself in the hands of Palomar Abogados.

Once the victim explained to us what had happened, at Palomar Abogados we filed a lawsuit for compensation for damages for the amount stolen. In the same we alleged that our client had at no time committed serious negligence in the custody of her credentials, and that the signature authentication system of BANCO SANTANDER, S.A. was not only insufficient in itself, but also failed to comply with the legal regulations on strong authentication of bank customers.

In the course of the oral hearing, the lawyer of Palomar Abogados stated the reasons why the responsibility for this loss should fall exclusively on BANCO SANTANDER S.A., and in this way we managed to obtain a favorable sentence that, together with so many others that our professional firm has been obtaining, set a precedent about the position of the Courts and Tribunals in this specific type of claim.

At Palomar Abogados we are specialists in bank phishing lawsuits. 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://play.cadenaser.com/audio/1615804954_410827/

If you have been affected by a bank phishing activity, please contact Palomar Abogados. We will study your specific case without obligation, and if we find that there is civil liability on the part of your bank, we will offer you our legal assistance to file a legal claim.

We'll call and help you claim your money.

https://palomarabogados.es/contactar/