Thanks to the intervention of Confconsumatori, the Financial Banking Arbitrator recognized the right to a citizen of Bitonto to a refund of 1,505 euros, illicitly stolen through two “cardless” withdrawals of 600 euros each and a bank transfer of 305 euros.
THE “CARDLESS” SYSTEM
First, the context: payment contactless it allows you to carry out transactions without inserting the card into the terminal, but simply by holding it close to the reader, making operations faster for both the buyer and the seller. Today it is also possible to make contactless payments via smartphone (without the physical presence of the card). In fact, all you need to do is register your card on your phone and, at the time of payment, hold it close to the reader, just like you would do with a card.
However, this technology opens the way to new forms of fraud: an attacker, equipped with a portable POS not connected to the electricity grid, can approach the victim’s pocket where the smartphone is stored and carry out an unauthorized transaction, as long as the amount is lower than the threshold that requires PIN entry.
In the case followed by Confconsumatori, provincial headquarters of Bari, the consumer became aware of the unauthorized operations only after casually consulting the list of transactions via the bank’s APP. The episode occurred even though he had always diligently kept the card, placed it in the desk drawer and used it exclusively via the APP.
These are well-thought-out and increasingly frequent frauds, which often clash with the Credit Institute’s refusal to reimburse the damaged customer. In this case, however, thanks to the intervention of Confconsumatori Bitonto – Provincial headquarters of Bari and the lawyers Nuccia Lisi And Filomena Panzarinothe consumer turned to the Financial Banking Arbitrator.
The defrauded citizen, assisted by Confconsumatoriunable to obtain a refund from the Intermediary, he turned to the Banking Financial Arbitrator who finally recognized the account holder’s right to a full refund of the 1,505 euros that had been stolen from him.
«The College of Bari– commented the lawyers Filomena Panzarino and Nuccia Lisi, the latter President of Confconsumatori Bitonto – accepted the appeal, fully confirming the thesis put forward by us according to which the description in general terms of the authorization process of the operations carried out on the payment channel as carried out by the Intermediary in the case in question, in the absence of further evidence regarding the correct authentication based on the system with *****id code, is not sufficient in order to consider the evidentiary burden on the intermediary as fulfilled».
