Court Halts Loan Collection Over Electronic Fraud

The facts of the case (De Leon, Ramon Alberto c/ Banco de la Nacion Argentina s/Ley de Defensa del Consumidor) begin in 2023, when the claimant attempted to make a purchase on a major e-commerce platform, but was unable to complete the transaction because he did not understand how to upload a photo of his ID. That same day, he received a WhatsApp call from a person who introduced himself as an employee of such platform and offered assistance. During the call, the claimant was persuaded to download the remote-control application QuickSupport, change the password of his BNA+ banking app, and share certain verification codes. Upon realizing that it was a scam, he ended the call.

After the call, he discovered that a fund transfer and two loan requests had been carried out, all without his knowledge or consent. Consequently, the claimant filed criminal complaints and submitted claims both to the bank and to consumer protection agencies. Nevertheless, the bank continued to debit the loan installments from his pension payments.

In response, he filed an amparo (an action for constitutional protection of fundamental rights), requesting that the fraudulent operations be annulled and that the amounts debited be returned. He also requested a temporary injunction to suspend any further loan collections.

The court granted the injunction under the claimant’s responsibility and ordered Banco Nacion to refrain from collecting the outstanding loan installments for six months.

To rule so, the Federal Court of the Province of La Rioja noted that the claimant had demonstrated likelihood of sufficient legal basis, as he was a victim of fraud and had duly filed complaints and claims. The court also considered that the bank’s conduct appeared arbitrary at first glance, since it persisted in collecting the installments despite the client’s lack of involvement in the transactions and the existence of an ongoing criminal investigation. The Court also took into account that the claimant was a hyper-vulnerable consumer, given the claimant’s age, limited pension income, and lack of digital knowledge.

In addition, the Court stated that the transactions revealed potential deficiencies in Banco Nacion’s IT security mechanisms, which—according to the Argentine Central Bank regulations—must ensure that banking operations are reliable. This includes reliable identity verification for pre-approved loans, prior notification to users, and detecting suspicious operations by amount, unusual nature, or recipient.

The Court further emphasized that the preliminary injunction does not cause serious harm to Banco Nacion, given its recognized solvency.

The decision sets an important precedent in the field of banking cyber-fraud, reinforcing the duty of financial institutions to ensure security in electronic transactions and underscoring the protection of hyper-vulnerable consumers.