Put: Leonardo Neri
At the end of 2021, a court decision on fraudulent bills brought to light the issue of banks' liability in these cases, which resulted in a series of criticisms on social media from people who did not agree with the decision that exempted a banking institution from liability.
The judge of the 1st JEC of Duque de Caxias/RJ ruled the process 0035556-63.2021.8.19.0021 as completely unfounded regarding the claim for compensation, where the plaintiff claimed to have been harmed by the alleged leaking of his personal data by the financial institution, which would have generated a breach of consumer expectations.
The compensation sought was compensation for moral damages due to the consumer having received a contact via WhatsApp asking him to supposedly renegotiate the debt he had with the bank, due to a vehicle financing agreement with said institution. However, before carrying out the negotiation, the plaintiff decided to contact the bank, at which time any form of amicable settlement was denied, which is why the consumer found himself in the middle of a possible scam.
Despite the allegations made by the author, the court considered that the case was not properly supported by a robust set of evidence to confirm that the payment slip had been issued or fraudulently issued by the financial institution, confirming that no illicit action on the part of the bank was demonstrated, especially in violation of the General Data Protection Law (LGPD).
Therefore, the ruling was that the lawsuit was dismissed, on the grounds that there was no breach of the consumer's expectations, due to the fact that the debt was not effectively paid, and the alleged leak of the consumer's data was caused by a cause that was not related to the bank's activities.
https://www.migalhas.com.br/arquivos/2021/12/F3FDCDAF6DEA2E_projetodesentenca.pdf