The virus and stealing from your account. Can you recover the money? – Banker

After logging in to the site of the bank, you see the message
 the need to install software on the phone, which is to protect you
 from criminals. Obediently you perform the command, and a few days later
 account history you see a series of transfers to unknown people. In such
 case, the bank will return the money?

 

In recent years, the pages Bankier.pl repeatedly
 We warned against malware targeting the customers of banks.
 Trojans such as ZeuS or mobile ZitMo, attacked users what
 least a few Polish institutions. Functional diagram of a pest
 as follows:

 

• Trojan horse infect the victim’s computer
   (Infection can take place, eg. When you open the attachment to the message
   e-mail).

 

• The software captures data logging
   in the service of internet banking on the victim’s computer.

 

• When you use the services of the bank pest “injected” into your browser
   web extra
   message displayed so that it seemed that it comes from the bank.
   He encouraged to install additional software on the phone (eg.
   “Antivirus” or “certification”).

 
• You install on your phone
   software that invisibly to the victim forward your SMS
   authorization to another number.

 

• Criminals having a set of data needed
   to perform the operation, looted funds from your account by transferring it to the accounts of intermediaries-poles
   (Sometimes recruited under the guise of working with “accounting transfers”).

 

The victims of such crimes often were forced to
 struggle to regain their funds before the court. Banks often rejected
 complaints, citing provisions in the law on payment services, saying,
 that unauthorized transactions charged to the customer if he showed a blatant
 negligence in the protection of data enabling access to the account. assumed
 the fact that if the customer himself has installed additional software
 phone and did not protect your computer against infection, it showed
 was indicated by the negligence of law.

 
 

The courts in such situations, however, can stand on the side
 client. That is so, in fact, can provide two recent judgments
 District Court in Lodz, which drew attention publisher facebookowe’go
 fanpage “PozwałemBank.”

 

Antivirus did not help

 

In both cases, the case concerned the events of a few
 years, the awareness of the risks associated with mobile Trojans was
 still relatively small. Customers had at their computers
 date antivirus software installed, but nevertheless fell
 victim of malware.

 

Assuming that the message about the need to install
 additional software on the phone really comes from the bank fulfilled
 requests criminals. In the first case the client has lost almost
 140 thousand. zł, and the second from customer accounts poured nearly 90 thousand. zł. In both
 cases, the bank refused to return the funds that flowed from accounts
 as a result of unauthorized by the holders of the operation, citing records
 bill payment services on gross negligence.
 

Court against the bank

 

The court does not share that point of view. In one of the cases
 we read: “The Court considers that the plaintiff can not be assigned to enable a
 unauthorized transactions as a result of gross negligence. computer plaintiff
 You have antivirus software installed. In the opinion of the Court use
 by the applicant from the displayed page when you log on Bank statement
 encouraging users to ‘additional protection for the telephone, which
 It resulted in further infection of malware
 Camera mobile phone and PC plaintiff
 bears the features of gross negligence (emphasis editorial). “

 

“The plaintiff had the right to remain in the belief that the message
 displays when you log on the website of the Bank comes precisely from the Bank and
 is getting better security. A message saying the need to download
 additional security software appear after typing the address
 the true side of mBank and appears on this page. Message occupied part
 part. He was also a visible symbol of a closed padlock denoting safe
 page. It was possible to bypass this message and the normal use of the site
 the bank. Bank warned not to date
 events their customers from this kind of messages (emphasis added. Ed.)
 He not informed that the exercise of which may entail negative consequences ”
 we read in the document.
 

“It should be emphasized that the plaintiff did not provide your username
 or password to a bank account, and only a phone number, so it does not infringe
 the obligation referred to in Article. 42 paragraph. 2 bill payment services. (…)
 Unfounded is the same claim the defendant that the plaintiff contributed to
 the damage. It should be noted that the plaintiff fulfilled due to the art. 42
 paragraph. 1 point. 2 of the Law on Payment Services must immediately
 notification of the occurrence of an unauthorized payment transaction, “the Court pointed out
 District in Lodz in a document dated 8 February 2016.

 
 

Banking Network – safe or reckless?

do not block access to the phone, use the same password for different systems, log on to the bank, despite unsecured WiFi, too rarely monitor transfers and payments – these are just some of the sins of customers internet and mobile banking – says Michał Kisiel.

 
 

Customers will receive a refund

 

In both cases, the court ordered the bank to promptly
 refund of amounts of unauthorized payment transactions and transfer fees
 commissioned by criminals. Customers will also receive interest and reimbursement
 incurred in connection with the process.

 

In the first case (Judgment
 SO in Łódź of 01.15.2016 r., Ref. Act I C 307/15) the judgment is
 final, and the bank did not appeal. In the second (Judgment
 SO in Łódź of 01.27.2016 r., Ref. Act I C from 1908 to 1914), the defendant may
 still appeal. Decisions of Lodz court may be helpful for
 people who have been victims of similar crimes, if only because of
 of the circumstances that convinced justice to the arguments
 customers.

Michal Kisiel