Banks refuse to refund payments after thieves make nearby purchases | Economie

Proteste, a consumer protection association, reported that it was receiving Complaints about payment by contactless payment (approach card).
According to the authority, the complaints are from consumers whose cards have been stolen and do not want to pay the bill for purchases made by third parties. As customers, when they turn to the institutions that represent the cards, they receive the answer that they do not reflect the purchases made in this way.

NFC (Near Field Communication) is the technology responsible for near-payment, allowing the consumer to make payments on the device without having to insert the card and enter the password. This “easy” has proven promising, as it is both practical and time-saving, but also dangerous, which has raised some concerns about scams and scams.

To avoid this kind of fear, it has been specified that payments in this way should have a transaction limit of R$50, which can vary according to each institution. At the end of 2020, the Brazilian Association of Credit Card Companies and Services (Abecs) raised the limit to R$200, aiming to meet the growing demand for the new tool.

Despite this, Proteste has received complaints from consumers who registered purchases made by third parties worth more than R$500. When they reported the theft or theft, consumers, in addition to filing a report with the police, immediately sought out banking institutions, which represented the cards requesting immediate blocking.

harm to consumers

Some customers have reversed part of the amount and others have received a refund that the organization does not reflect the purchases made in this way, that is, via the approach card. “Allowing the consumer to incur the losses of purchases made by third parties, inappropriately, is an abusive practice in accordance with Section 39 of the Consumer Protection Act, whereby financial institutions have the responsibility to place various and safe payment methods in the state market,” Protest stated.

“Consumers cannot be penalized for the lack of credit card security. Payment by contactless payment is an innovative method and should remain so, as long as its security is reviewed, with the aim of protecting the consumer,” said Henrique Lian, Director of Protest Institutional Relations. and the media.

In the assessment of the Consumer Protection Association, it is necessary to obtain prior consent from the consumer and regarding the activation of this method, “because many do not even know that they have this tool and only discover at the time of the fraud the agency thought.

Approach Card Care

The financial expert, Marlon Glaciano, explained that the main precautions are to check the purchase amount before approaching the card, and to maintain a distance of at least four centimeters between the card and the device, in addition to monitoring the transaction detection. The client can also disable the mode: “Normally, through the card application, there is an option with which you can enable and disable this function.”

Eser Helmut Amorim, Head of Information Technology at Russell Bedford, explained that to avoid fraud, consumers can purchase card covers with RFID lock (Radio Frequency Identification – in Portuguese, Radio Frequency Identification) and/or bags and wallets with RFID locking. He emphasized that the customer can choose to “activate and deactivate (the policy card) in the card issuer’s application”, in addition to paying attention to the transactions.

You were the victim of a scam, what now?

According to criminal attorney Everson Piovesan, of Piovesan & Fogaça Advogados, the victim must go to the police station to report the crime. The consumer also needs to notify the bank about the fraud. For the financial institution, the customer must provide a copy of the police report (BO), as well as inform the company that he received payment for the purchases made by the fraudster.

What can be done if the bank does not refund the money in case of fraud? According to the lawyer, the actions depend on how the coup took place and whether the victim did not contribute to the crime. “The bank can be convicted of canceling the amount taken by the criminals. Therefore, it is necessary to look for a lawyer so that he can analyze the appropriate action and distribute it, if necessary,” Beyovsan noted.

Can Pix be returned?

According to the Central Bank (BC), from November 16 this year, a special return mechanism will come into force, which standardizes rules and procedures to enable refunds in cases of fraud by the account holder institution. , on its own initiative or at the request of the Paying User Relationship Foundation.

“Through this mechanism, the BC determines how and when organizations block resources, assess suspected fraud and implement effective returns, which gives more efficiency and speed to the process, increasing the possibility of user recovery,” the agency explained.

“While the Special Return Mechanism is not in place, the relevant institutions use bilateral operating procedures to deal with the issues. It should be noted that the responsibility for assessing fraud cases lies with the financial institutions or payment institutions involved in the transaction. The rules and operating procedures that allow for standardized communication between the two institutions and institutions that are exposed to improper use of the mechanism may be penalized,” he completed the Basel Convention.

What do the banks say?

Caixa Econômica Federal responded that it does not work with the approach card. The Brazilian Confederation of Banks (Veraban), Bradesco and Santander suggested contacting Abecs, which did not respond until the last update of this article. Itaú Unibanco and Banco do Brasil made the same recommendation, but sent positions to the report. Nubank also expressed himself through a note.

“Itaú Unibanco informs that NFC technology is a convenience for the customer and has become more relevant in the epidemic because it does not require a physical connection to the equipment used for payment. The bank also states that the customer can disable the feature in service centers.”

“Furthermore, it is stipulated that when victims of fraud or theft are victims, customers should immediately contact the bank to temporarily block the cards, an opportunity in which they can also appeal, for analysis and possibility of reimbursement, and expenses incurred by third parties without the use of a password. In addition In addition, it is necessary to submit a police report to the relevant authorities. Itaú constantly enhances the guidance on security for customers and provides on its website a section with advice on this topic: itau.com.br/seguranca “, concluded Itaú Unibanco.

“Banco do Brasil receives complaints about financial transactions that have not been recognized by customers, with the start of the appeal process. This process is subsequently analyzed by the technical area that determines the liability of the parties and the payment or non-payment of the disputed amounts,” the institution explained in a note.

“Nubank has a series of security standards in place, constantly updating its processes to effectively stop new attempts at fraud and scams. We have machine learning models to assess the risks of unauthorized access to the application or the risks of improper transmission,” the company said. in the current situation.

“If the card is lost, stolen or unacknowledged transactions, for example, we advise the customer to block the card immediately, using the lock shortcut in the application installed on the cell phone or contact our service team to request a duplicate of the card or the lock itself – if you do not You own your cell phone.”

“The customer also has the option to adjust the limit through the application, limit the amount that can be used with their card, or disable the contactless function at any time, when the card is not in use or permanently, if they wish,” the digital bank concluded.