It was decided to pay 5,100 BRL as material and moral compensation to the account owner who lost the money in his account after Nubank’s mobile phone was stolen. The decision was made by Judge Tamara Hochgreb Matos of the 24th Civil Court of the Central Forum of São Paulo.
The judge’s understanding says that “financial institutions must ensure the security of transfers made on that platform by providing a banking platform with an application that allows the transfer of values, thus being liable for any failure and invasion.”
In this case, the customer of the digital bank contacted the operator requesting the blocking of applications, in addition to asking the manufacturer to block the device. He didn’t realize the fraudulent transactions that had escaped his profile as a customer until the next day.
This measure is not new for Nubank or other platforms that offer payment services. According to the magistrate, since fintech did not provide evidence that it would somehow assist in the invasion of the account holder’s account, the case law of the São Paulo State Court of Justice held that banking institutions had passive legitimacy in this case, and so on.
Also read: Apple will compensate Brazilian customer who had his iPhone stolen;
Source: Tec Mundo
