Fraud Victim Discovers Account Opened in Another State and Wins Compensation of R$ 8,000 After Bank Fails to Prove Data Authenticity

Written by Maria Heloisa Barbosa Borges

Published on 05/10/2025 at 21:43

Justiça confirma indenização de R$ 8 mil após fraude bancária; banco não comprovou autenticidade dos dados e foi responsabilizado pela falha.

50 pessoas reagiram a isso.

Consumer from Cuiabá Was Summoned by the Police in Santa Catarina and Discovered an Account Opened in His Name; Justice Condemned the Bank to Pay Compensation for Failure in Data Verification and Negligence in Security.

A consumer from Cuiabá experienced an unusual and distressing situation upon discovering that a bank account had been opened in his name without any authorization. The case escalated when he was summoned by the police in Camboriú (SC) to testify in an investigation of fraud involving the fraudulent account.

According to the portal Conjur, the fraud led the Court of Justice of Mato Grosso (TJ-MT) to confirm the bank’s condemnation to pay compensation of R$ 8 thousand for moral damages, in addition to declaring the contract nonexistent. The decision recognized the financial institution’s failure to prove the authenticity of the data and reinforced the banks’ responsibility in cases of fraud.

The Scam and the Unexpected Discovery

According to the records, the consumer only became aware of the account when he received a police summons to clarify suspicious operations in Santa Catarina.

ARTICLE CONTINUES BELOW

Bank’s Defense and Failure in Verification

In its defense, the bank tried to absolve itself, claiming that it had followed security protocols and insinuating that the client might have facilitated access to his data.

However, the institution did not manage to prove the legality of the account opening, nor provide essential documents such as identity copies, digital records, or electronic signatures.

The lack of this evidence made the negligence in the verification and security mechanisms of the financial institution evident. The court understood that there was serious failure in internal procedures, which allowed the fraudsters’ actions and resulted in direct damage to the victim.

Activity Risk and Objective Responsibility

The case rapporteur, Judge Sebastião de Arruda Almeida, emphasized that financial institutions assume the risks inherent to the activities they conduct. Citing Summary 479 of the Superior Court of Justice (STJ), he reminded that banks are objectively liable — that is, regardless of fault for frauds and crimes committed by third parties in banking operations.

For the magistrate, it was clear that the bank’s negligence contributed to the irregular opening of the account and the moral damage caused to the consumer.

The amount of R$ 8 thousand in compensation was deemed reasonable and proportional, serving both as restitution and as a warning to the institution regarding the need to strengthen its security measures.

Sentence Upheld and Pedagogical Value

Based on this understanding, the 5th Chamber of Private Law upheld the first-instance ruling in its entirety.

In addition to the compensation of R$ 8 thousand, the bank was ordered to bear the legal costs and attorney’s fees.

The rapporteur highlighted that the decision seeks to repair the moral damage and prevent the recurrence of similar failures, reaffirming that the duty to protect the consumer is central to the banking relationship.

The court reinforced that, in cases of fraud, it is up to the financial institution to demonstrate the authenticity of the data and prove that it followed all security protocols, something that did not occur in this process.

The case illustrates that the lack of proper verification can lead to serious financial and emotional consequences for the consumer and result in penalties for the bank.

The decision reinforces the understanding that the responsibility for the security of operations lies with the institution, not the client.

And you, do you think the decision to set compensation at R$ 8 thousand for cases of banking fraud is fair? Or do you believe the amount should be higher given the inconveniences suffered by the victim? Leave your opinion in the comments; we want to hear from those who have been through similar situations.

0 Comentários

Mais recente

Mais antigos Mais votado

Feedbacks

Visualizar todos comentários

Fraud Victim Discovers Account Opened in Another State and Wins Compensation of R$ 8,000 After Bank Fails to Prove Data Authenticity

Consumer from Cuiabá Was Summoned by the Police in Santa Catarina and Discovered an Account Opened in His Name; Justice Condemned the Bank to Pay Compensation for Failure in Data Verification and Negligence in Security.

The Scam and the Unexpected Discovery

Bank’s Defense and Failure in Verification

Activity Risk and Objective Responsibility

Sentence Upheld and Pedagogical Value

With 11,000 tons and sensors capable of hunting submarines at long distances, the Type 055 has become one of the most feared floating arsenals of the Chinese navy.

Diagnostic test

Billions of barrels on the equatorial margin could lead Amapá to double its oil production in Brazil — the state wants to enter the route of companies in the Campos Basin, attract investments, and boost jobs and businesses in the oil and gas sector.

Without bricks, without cement, and without endless construction: the cardboard house that is assembled in modules and can be moved.

Billions of barrels on the equatorial margin could lead Amapá to double its oil production in Brazil — the state aims to enter the route of companies in the Campos Basin, attract investments, and boost jobs and businesses in the oil and gas sector.

Without bricks, without cement, and without endless construction: the cardboard house that is assembled in modules and can be moved.

Government unlocks R$ 554 million for a highway that has been requested for decades and accelerates the duplication of BR.

With 11,000 tons and sensors capable of hunting submarines at long distances, the Type 055 has become one of the most feared floating arsenals of the Chinese navy.

Buried under China, a colossal machine weighing 20,000 tons began operating as the largest neutrino detector on the planet and, in just 59 days, surpassed results that science took half a century to achieve.

Iran enters the center of a climate alert after the war emitted 5.6 million tons of CO2 in two weeks, surpassing the annual pollution of entire countries.

Drought may be creating stronger superbugs in the soil and helping antibiotic resistance reach hospitals, warns a study highlighting a problem that could grow alongside extreme weather.

Alone, the producer applies 7,400 hectares with the T100 drone in an optimized structure, replaces the generator with a silent battery, and demonstrates how technology reduces costs, increases productivity, and even challenges the uniport in the field.

Fraud Victim Discovers Account Opened in Another State and Wins Compensation of R$ 8,000 After Bank Fails to Prove Data Authenticity

Consumer from Cuiabá Was Summoned by the Police in Santa Catarina and Discovered an Account Opened in His Name; Justice Condemned the Bank to Pay Compensation for Failure in Data Verification and Negligence in Security.

The Scam and the Unexpected Discovery

Bank’s Defense and Failure in Verification

Activity Risk and Objective Responsibility

Sentence Upheld and Pedagogical Value

With 11,000 tons and sensors capable of hunting submarines at long distances, the Type 055 has become one of the most feared floating arsenals of the Chinese navy.

Diagnostic test

Billions of barrels on the equatorial margin could lead Amapá to double its oil production in Brazil — the state wants to enter the route of companies in the Campos Basin, attract investments, and boost jobs and businesses in the oil and gas sector.

Without bricks, without cement, and without endless construction: the cardboard house that is assembled in modules and can be moved.

Billions of barrels on the equatorial margin could lead Amapá to double its oil production in Brazil — the state aims to enter the route of companies in the Campos Basin, attract investments, and boost jobs and businesses in the oil and gas sector.

Without bricks, without cement, and without endless construction: the cardboard house that is assembled in modules and can be moved.

Government unlocks R$ 554 million for a highway that has been requested for decades and accelerates the duplication of BR.

The Senate approves a bill that criminalizes misogyny, hatred, or aversion towards women, and includes the crime in the Racism Law with a penalty of up to 5 years.

Chamber Approves Bill That Allows Pepper Spray for Women Over 16 and Imposes Strict Rules for Purchase, Possession, and Use as Self-Defense

Chamber Approves Law to Combat Leucaena, Fast-Growing Plant That Dominates Land and Threatens Native Species in Various Regions of the Country

Asset Division: Know What Cannot Be Divided in Case of Divorce

Bank Employee Creates Online Account in Name of Client Who Died Months Earlier, Diverts Over R$ 385 Thousand in Electronic Transfers, and Is Sentenced to 15 Years in Prison in San Salvador After Scheme Discovered That Started in August 2021

With 11,000 tons and sensors capable of hunting submarines at long distances, the Type 055 has become one of the most feared floating arsenals of the Chinese navy.

Buried under China, a colossal machine weighing 20,000 tons began operating as the largest neutrino detector on the planet and, in just 59 days, surpassed results that science took half a century to achieve.

Iran enters the center of a climate alert after the war emitted 5.6 million tons of CO2 in two weeks, surpassing the annual pollution of entire countries.

Drought may be creating stronger superbugs in the soil and helping antibiotic resistance reach hospitals, warns a study highlighting a problem that could grow alongside extreme weather.

Alone, the producer applies 7,400 hectares with the T100 drone in an optimized structure, replaces the generator with a silent battery, and demonstrates how technology reduces costs, increases productivity, and even challenges the uniport in the field.