Banking spoofing fraud is based on a now well-known mechanism: phone number spoofing of a bank, convincing impersonation of a bank adviser, and manipulation of the victim into authorising payment transactions.
The rule is clear: unauthorised payment transactions must be reimbursed. The bank may, however, refuse reimbursement if it can demonstrate fraud or gross negligence on the part of the customer. The burden of proof lies with the bank.
Arnaud Picard partner in the Litigation department, analyses this evolving this evolving case law for DÉCIDEURS JURIDIQUES, highlighting a consistent line: the Court of Cassation rejects any form of automaticity.
