Post by account_disabled on Mar 13, 2024 4:14:06 GMT -5
Ah doctor I understand. But a friend of mine went through this whole procedure and didn't get her money back even after the fraud was proven. She had to file a lawsuit and in the end she still lost. Why did this happen if the law protects the consumer?
This is the point. Remember what I said above that in most problems with Pix the transfer has been at the consumer's own discretion?
This is the key point that leads to the loss of a lawsuit involving fraud by Pix.
In practice what has been happening is that scammers contact their victims and convince them to carry out the transfer.
As an example we have cases in which victims make a with an extremely advantageous return for themselves.
Note that in the example above the fraud CG Leads victim voluntarily accessed his bank account using his personal and non-transferable password accessed the Pix transfer field using the payment key and also confirmed the transfer using a personal password. and non-transferable.
– Right doctor. I understood that she made the transfer but a scam is a scam. I don't understand why she didn't win the lawsuit because she didn't get the money back.
She did not receive the amounts back to her bank account because the fraudster withdrew these amounts before they were blocked.
At the moment the victim makes the transfer to the fraudster and the amounts are withdrawn from that account normally by cash withdrawal the financial institution no longer has that amount.
Both the bank that makes the transfer does not have the amount as it has already left the victim's account and the bank that receives the amount no longer has it because although it has received it the amount has been withdrawn.
So at the administrative level the victim does not receive the amount back due to the lack of this amount in their respective accounts and at the judicial level they lose the action because it is proven that there was no failure in the provision of banking services.
The Central Bank of Brazil regulates the Pix tool and makes the MED available. However the same regulation informs that the recipient's bank is not obliged to use its own resources to return the requested amount.
In these cases when the victim goes to court it is analyzed for return criteria whether or not there was a failure in the bank's service provision. And if the bank is not found to be at fault it cannot be held responsible for the fraud as it did not cause it.
In conclusion yes! You can and should contact MED and try to get your money back. However this action will not necessarily bring you your money back as it will depend on other factors that will be analyzed.
It is important to remember that each case is unique and the nuances of each case must be analyzed. For this reason it is essential to have the support of a lawyer specialized in the subject so that you can receive the appropriate instruction for your specific case.
This is the point. Remember what I said above that in most problems with Pix the transfer has been at the consumer's own discretion?
This is the key point that leads to the loss of a lawsuit involving fraud by Pix.
In practice what has been happening is that scammers contact their victims and convince them to carry out the transfer.
As an example we have cases in which victims make a with an extremely advantageous return for themselves.
Note that in the example above the fraud CG Leads victim voluntarily accessed his bank account using his personal and non-transferable password accessed the Pix transfer field using the payment key and also confirmed the transfer using a personal password. and non-transferable.
– Right doctor. I understood that she made the transfer but a scam is a scam. I don't understand why she didn't win the lawsuit because she didn't get the money back.
She did not receive the amounts back to her bank account because the fraudster withdrew these amounts before they were blocked.
At the moment the victim makes the transfer to the fraudster and the amounts are withdrawn from that account normally by cash withdrawal the financial institution no longer has that amount.
Both the bank that makes the transfer does not have the amount as it has already left the victim's account and the bank that receives the amount no longer has it because although it has received it the amount has been withdrawn.
So at the administrative level the victim does not receive the amount back due to the lack of this amount in their respective accounts and at the judicial level they lose the action because it is proven that there was no failure in the provision of banking services.
The Central Bank of Brazil regulates the Pix tool and makes the MED available. However the same regulation informs that the recipient's bank is not obliged to use its own resources to return the requested amount.
In these cases when the victim goes to court it is analyzed for return criteria whether or not there was a failure in the bank's service provision. And if the bank is not found to be at fault it cannot be held responsible for the fraud as it did not cause it.
In conclusion yes! You can and should contact MED and try to get your money back. However this action will not necessarily bring you your money back as it will depend on other factors that will be analyzed.
It is important to remember that each case is unique and the nuances of each case must be analyzed. For this reason it is essential to have the support of a lawyer specialized in the subject so that you can receive the appropriate instruction for your specific case.