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For consumers and retirees
Consumer Law
Bank fraud, unrecognized payroll-deducted loans and cards, improper deductions and abusive charges, with document review before any action is taken.
The problem
When the bank is liable for the scam
Transfers made by third parties, loans taken out without authorization and charges for payroll-deducted credit cards and benefit cards (known in Brazil as RMC and RCC) on social security benefits are common situations. Consumers do not always know where to turn, and the institution tends to treat the case as the customer’s fault.
The Consumer Protection Code and Precedent (Súmula) No. 479 of the Superior Court of Justice (STJ) recognize the liability of financial institutions for fraud committed by third parties in the course of banking operations. We review the facts and the conduct of both the bank and the customer before defining the appropriate course of action.
Situations we handle
Situations we handle
- Scams involving unauthorized transfers and Pix payments
- Loans the customer does not recognize
- Payroll-deducted credit card (RMC) and benefit card (RCC)
- Improper deductions from an account or benefit
- Improper listing with credit bureaus
- Abusive charges and contracts with unlawful terms
How we work
Stages of our work
Step 1
Gathering documents
Statements, contracts, messages and a police report, if any.
Step 2
Case analysis
Assessment of liability and the amounts involved.
Step 3
Complaint or notice
Attempt at direct resolution, when useful.
Step 4
Lawsuit
Claims for refund, cancellation of the contract and non-pecuniary damages (danos morais), when appropriate.
Frequently asked questions
Common questions
I fell for a scam. Is the bank required to reimburse me?
It depends on the case. Precedent No. 479 of the STJ recognizes banks’ liability for third-party fraud connected with banking operations, but the analysis considers how the fraud occurred.
Deductions are being made for a payroll-deducted card I never signed up for. What should I do?
Gather the benefit statements and the history of deductions. It is possible to request cancellation, refund of the amounts and, depending on the case, non-pecuniary damages (danos morais).
Do I need to come to the office?
No. Service can be provided remotely, with documents sent through a secure channel.
For general information only. Each case depends on a review of the documents and the stage of the proceeding.
Related areas
Individuals
Individuals
Contact
Discuss your case with the firm
Send a brief description of the matter and, if applicable, the case or proceeding number.