¿Víctima de phishing? Te ayudamos | ES | ENG


  • Fecha: 08-11-2021
  • Palomar Abogados


Cybercriminals are perfecting their fraud methods, while the bank customer is increasingly unprotected

Over the last few months, fraud and scamming techniques on bank customers' accounts in the online payment system, or in other words, bank phishing methods, have become more sophisticated at an accelerated rate.


The "two-step" signature authentication system, or with "double verification", as a technological means offered by banks to prevent fraud in electronic transactions, has proven to be absolutely inefficient


This method, to be clear, consists of an "additional layer" of security that the online payment system supposedly provides when the person who has stolen your passwords forcibly needs access to your mobile phone.


Crossing this double filter, which is apparently complicated when the mobile phone is in your hands, is more than easy for cybercriminals. They don't have to steal your phone.... Far from it. 


All they have to do is send you an SMS alerting you to a risk to the security of your bank account, and immediately make you a phone call in which, posing as bank employees willing to protect you against an attempt to manipulate your account, they ask you for "the password" that you have received on your mobile phone


Once you provide it, they keep you on the phone for a few more minutes under any pretext...., enough time to use that password you have provided them and order a bank transfer charged to your account, thus consummating the scam. When you say goodbye to the friendly "bank clerk," the money has already "flown" from your account.


We explain bank phishing and its implications in more detail in an interview recently held by PALOMAR Abogados with CADENA SER, which you can access here




How to get the money back?  What is the optimal way to complain when you are a victim of bank phishing?


It is important to immediately call the bank and file a report of what happened to the police, of course. But from there, you should know that the  bank is civilly liable for not having provided its online payment system with advanced technological solutions that prevented the situation of lack of protection of which you were a victim against cybercriminals, having no responsibility for having fallen for their sophisticated methods of deception.  True experts in the "art" of the scam. 


Once you file a complaint, forget about the criminals and worry about getting your money back. Whose?. Del Banco, which was the one who allowed an unauthorized transfer without verifying the legitimacy of the payer of the transfer.


The Courts and Tribunals have unanimously expressed the existence of a quasi-objective liability of the bank, which as a provider of payment services has the legal duty to immediately reimburse the amount stolen from its customer in transactions not authorized by the latter, presuming the lack of authorization of the customer if he denies it.  All this with the sole exception that the client has acted with gross negligence or fraud.


That is why most of the decisions of the Courts are favorable to the victims of bank phishing, as attested by the sentence of the Provincial Courts of Oviedo, Albacete, Barcelona, Valencia and Alicante, among many others.


Don't feel, no matter how much your bank's employees may tell you otherwise, that you were reckless in providing numerical keys to criminals who are experts in fraud. And don't be too open to the "siren songs" of those in the bank who promise you that they are managing a solution that lasts a long time and never arrives...


Let yourself be advised by the professionals at PALOMAR Abogados, we will evaluate your situation, we will advise you on the steps to follow in the event of a bank phishing. Keep in mind that you have a very high probability of getting your money back.


Contact us, we are specialists in banking law with 100% of sentence won for consumers.



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