Post by messi05 on Jan 24, 2024 11:21:52 GMT
There is no way to hold the bank responsible when the customer fails to keep their magnetic card and personal password. The decision was made by the Federal Regional Court of the 4th Region, which denied an appeal from a consumer who asked Caixa Econômica Federal to return the amounts withdrawn from his account. The man had a savings account with the bank and made monthly deposits. In May 2009, he reported that when checking his account balance he realized that its value did not correspond to the amount he had deposited.
He also said that when analyzing Buy Phone Number List account statements since 2006, he found operations that were not carried out or authorized by him, including three payments accompanied by the item "light". However, he is not the holder of the electricity bill in his home. The man filed a lawsuit requesting that Caixa be ordered to pay the amount unduly withdrawn and debited from his savings account in the period from April 2006 to April 2009, as well as to pay compensation for the moral damage suffered. At the 2nd Federal Court of Canoas (RS), the request was judged partially valid, and the bank was ordered to refund the value of the electricity bills debited from its account and the payment of R$4,400 in compensation for moral damages.
The client appealed to the TRF-4 asking for the full grant of what was requested in the action, including other withdrawal operations from the account during the period. However, the request was not accepted, and the sentence was maintained. The rapporteur, federal judge Vivian Josete Pantaleão Caminha, explained that some withdrawals from the account were made using the cardholder's card and password. At this point, she stated, there is no way to place the onus on the bank to prove the identity of the person who made the withdrawals. "The custody of the card and the care for maintaining the secrecy of the personal password are the responsibility of the account holder.
He also said that when analyzing Buy Phone Number List account statements since 2006, he found operations that were not carried out or authorized by him, including three payments accompanied by the item "light". However, he is not the holder of the electricity bill in his home. The man filed a lawsuit requesting that Caixa be ordered to pay the amount unduly withdrawn and debited from his savings account in the period from April 2006 to April 2009, as well as to pay compensation for the moral damage suffered. At the 2nd Federal Court of Canoas (RS), the request was judged partially valid, and the bank was ordered to refund the value of the electricity bills debited from its account and the payment of R$4,400 in compensation for moral damages.
The client appealed to the TRF-4 asking for the full grant of what was requested in the action, including other withdrawal operations from the account during the period. However, the request was not accepted, and the sentence was maintained. The rapporteur, federal judge Vivian Josete Pantaleão Caminha, explained that some withdrawals from the account were made using the cardholder's card and password. At this point, she stated, there is no way to place the onus on the bank to prove the identity of the person who made the withdrawals. "The custody of the card and the care for maintaining the secrecy of the personal password are the responsibility of the account holder.