The bank must not reimburse amounts for withdrawals and purchases caused by a flash kidnapping that occurred outside a bank branch but is responsible for any extra amounts automatically granted if the limit of the customer victim of the crime has already been reached. This was the understanding of the nd private law chamber of the são paulo court of justice. Reproduction financial institution must reimburse consumer for expenses above the limit the case was analyzed by the court after a bank appealed a first-degree conviction that forced it to reimburse debts made above the limit pre-defined by the financial institutions themselves.
On the other hand the sentence denied the Germany Phone Number request for compensation for moral damages. The bank claimed in its appeal that it was illegal to be involved in the action as it had no duty to compensate as the crime occurred outside the bank branch. The author of the action was kidnapped in . While she was held hostage the criminals withdrew r$ from her current account made purchases totaling r$. And spent another r$ on the victim's credit card. The limit on this card was r$ according to information in the file. After sending a copy of the police report to the banks the author managed to obtain her credit limits again and had the expenses made on her credit card reversed. Even so she received an invoice with the charges cancelled.
The rapporteur of the winning vote judge roberto mac cracken explained that regardless of whether or not the crime occurred within a branch of the financial institution the banks are responsible in the case for allowing purchases above the pre-defined limit. Based on the duty to comply with contractually established obligations and observe the principle of objective good faith they should with the technological tools they have take security measures to block credit cards for transactions above the contracted limit and outside the consumption profile of the author he stated.
发表于 2024-3-12 16:25:35
