Court of appeals orders a bank to return funds to a cyber fraud victim

A Banco Nación client reported being the victim of a digital scam. The complainant alleged she received an email that appeared to be from the bank, indicating that her account had been blocked and that she should follow a link to reactivate it. After doing so, she noticed that a loan had been issued in her name and that the entire account balance (including her own personal funds) had been immediately transferred to a third party.

On receiving the client’s claim, the bank agreed to reverse the loan but not to return the rest of the funds. Therefore, the complainant sought a precautionary measure ordering the bank to immediately return the entire amount.

On trial court, the petition was rejected, and the complainant challenged the decision on appeal.

Finally, by a majority decision, the Court of Appeals reversed the trial court judgment and ordered the precautionary restitution of all funds to the complainant. The Court’s argument was that the entity that makes certain technology available to the client and retains sole control over it must carry the burden of all precautionary measures adopted during a judicial investigation.

This is the first judgment of this nature in criminal courts, in a context in which the number of online frauds and phishing scams is constantly increasing.

CNCC. Room I. CCC 29708/2021/CA1 “NN. Dte: I., G. S. s/ Precautionary measure”