Favorable ruling in the case against the bank for the return of funds stolen from the bank account!

We are pleased to inform you about the favorable ruling obtained in the case conducted by attorney Aleksandra Olendra, in which the Client of the Law Firm demanded the return of money withdrawn from the bank account without authorization.

The Client of the Law Firm fell victim to so-called phishing. Phishing is a method of fraud in which the perpetrator impersonates another person to obtain confidential data, such as – for example – login details. Perpetrators often also use malicious software. [Information on how not to fall victim to fraud can be found here]. As a result of the committed crime, funds were withdrawn from the Client’s account without his consent and knowledge.

In this case, we demanded the bank to return the entire amount withdrawn from the Client’s account without his knowledge and consent, as well as interest on the demanded amount and reimbursement of legal costs, including the costs of legal representation. The demand was primarily based on Article 46(1) of the Payment Services Act, according to which, in the event of an unauthorized payment transaction, the payment service provider shall immediately, but no later than by the end of the business day following the day of determining the occurrence of the unauthorized transaction that burdened the payer’s account, or after the day of receiving the relevant notification, return to the payer the amount of the unauthorized payment transaction.

The court fully agreed with our Client’s position and granted the claim in full. The ruling is final. Case number: I C 186/23.