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Mato Grosso Court Acknowledges Security Flaw Following Credit Card Fraud and Awards Compensation to Consumer, Judicial Decision Against Bank and Retail Network.
A consumer from Lucas do Rio Verde (MT) will be compensated R$ 8 thousand for moral damages after being a victim of fraud on her credit card. Additionally, the R$ 3.7 thousand debt originated from a purchase she did not make was nullified by the courts. According to ConJur, the decision was issued by the 4th Chamber of Private Law of the Mato Grosso Court of Justice (TJ-MT), under the report of Judge Anglizey Solivan de Oliveira.
According to the case, the client was surprised in June 2023 with an atypical charge, made in a single installment and outside her consumption profile.
ConJur highlights that the bank’s internal reports had already recorded previous attempts of suspicious transactions, but the financial institution did not block the transaction, allowing the fraud to be completed.
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Security Flaw and Strict Liability
Unable to resolve the issue with Procon, the consumer turned to the Judiciary.
In the process, the bank claimed that the transaction was legitimate, as it occurred with a chip and PIN, and tried to transfer responsibility to the client.
However, TJ-MT understood that there was a serious failure in service delivery, as the institution did not adopt effective mechanisms to prevent a transaction outside the standard.
The reporting judge cited Summary 479 of the Superior Court of Justice (STJ), according to which banks are objectively liable for fraud committed by third parties in banking operations.
This means that it is not necessary to prove the institution’s fault, only the security flaw in the process.
Impacts Beyond Inconvenience
For the panel, the fraud was not limited to a mere inconvenience. The incident brought significant financial and emotional consequences, justifying compensation for moral damages.
In addition to the bank, the retail network that processed the purchase was also held jointly liable.
With information from ConJur and the press office of TJ-MT, the court emphasized that the compensation seeks to reimburse the consumer for the distress and at the same time encourage greater responsibility from institutions in combating fraud.
What the Case Reveals About Consumer Protection
This ruling reinforces an established understanding in the courts: financial institutions have a duty to ensure security in transactions conducted by their customers.
In a scenario where virtual scams and credit card fraud are multiplying, the decision signals that the Justice system demands constant vigilance and more robust prevention systems.
Moreover, the joint liability of the bank and retailer shows that the consumption chain is treated as a whole, with all parties involved responsible for ensuring the integrity of transactions.
The case from Lucas do Rio Verde exemplifies how the Justice system has been addressing fraud situations with compensations for moral damages that go beyond the notion of “mere inconvenience”.
For consumers, it represents a victory against security flaws. For financial institutions, a warning that negligence can be costly.
And you, do you believe that decisions like this really encourage banks to improve security? Or do you think there is still a lack of rigor to protect consumers? Share your opinion in the comments; we want to hear from those who have experienced or fear experiencing something similar.
Eu passei por isso, o Banco Bradesco aceitou um empréstimo de 42.000,00 e eu nem sabia que poderia obter um empréstimo de valor tão alto. O empréstimo foi feito com o Banco Safra com Bradesco, ai coloquei na responsabilidade de um advogado muito competente. Eu falei pra ele que só queria os valores que foi descontado e bloqueasse, porque já estava atingindo o meu financeiro para pagar as contas. Os Bancos não são seguros, agora fico alerta.
Obrigada por eu poder ajudar!!! 🙏🏽 🙏🏽