A user’s Instagram profile has been hacked, causing a friend to fall victim to a scam. The friend sought justice and saw the positive verdict last Friday (7). The 27th Civil Chamber of the São Paulo Court of Justice sentenced Facebook to indemnify them for pecuniary damage.
The profile of the friend of the author of the action has been occupied by criminals who use the platform to advertise products that are sold below market values. After seeing the posts, he paid almost R$5,000 for a video game and a television broadcast by the scammers.
The decision of the court was taken unanimously. According to Dario Gayoso, the judge and rapporteur of the case, Although Facebook claims to offer tools that guarantee security while using Instagram, the case shows a flaw.
Decision
“There is a breach of security and good faith because the user believes they are communicating with a known person,” the judge said.
“Unlike what was claimed by the defendant, the liability is not solely due to deceptive advertising or non-delivery of the product, but to the security breach that allowed account takeover by a fraudulent person.” gayoso.
The reporter only liability of the company for material damage suffered by the victim. He highlighted article 14 of the Consumer Protection Law to define the decision.
The quote states that “the service provider is responsible for the repair of damages to consumers, regardless of the presence of the defect, due to defects in the provision of services, as well as insufficient or insufficient knowledge of their use and risks.”
Source: Tec Mundo
