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Man with a cell phone on the computer: After the phishing SMS, a call came

Photo: Monika Skolimowska / dpa

Because he not only negligently gave criminals access to his bank account, but also confirmed the increase in the transfer limit, a lawyer and tax advisor is left with damages of 50,000 euros according to a decision by the Frankfurt Higher Regional Court. The cheated person continues to demand his money back from the bank.

According to his account, the plaintiff received an SMS in September 2021 that appeared to be from the telephone number that the bank usually uses for customer communication. It contained a note that his account had been restricted. You should register for a new procedure and follow an internet link. As he did so, a man called him. During the course of the conversation, the lawyer said he confirmed "something" in the defendant bank's push TAN app at the caller's instructions. On the same day, the plaintiff's account was debited with a transfer in the amount of 49,999.99 euros.

Court believes the bank

The bank, however, registered two releases at once. The defendant bank said that a push TAN release had previously been requested for a temporary daily limit of 50,000 euros, which was also granted using facial recognition. The court decided that the plaintiff's claim that he had only confirmed "something" once in his app using facial recognition was not credible. There was gross negligence.

Due to the plaintiff's professional qualifications, it could be assumed that he is generally experienced in business matters. He also reported using online and telephone banking at several institutions and being familiar with the basic functions of the apps required for this. By confirming the push TAN, the plaintiff violated his obligation to protect security features from unauthorized access. In doing so, he effectively placed control of the security instrument in the hands of the caller.

The verdict is not yet legally binding. The plaintiff filed a non-admission complaint and would like to appeal to the Federal Court of Justice.

tmk/dpa