Federal Court of Justice on Bank Liability for Phishing: When Customers Get Their Money Back (XI ZR 107/22)
Faits validés
The Federal Court of Justice clarified duties under § 675v BGB. Banks must refund unauthorized transfers unless the customer is chargeable with gross negligence. Merely entering a TAN on a highly professional phishing site often does not amount to gross negligence.
En termes simples
Protection from the fraud trap: Whoever falls for an extremely well-forged bank site does not necessarily lose their money — the bank must prove that elementary duties of care were breached.
Pertinence sécurité & conseil pratique
Victims of online banking fraud should promptly contest unjustified TAN charges with the bank.
Source primaire / référence
- BGH Urteil – XI ZR 107/22