The consumer association UFC-Que Choisir said on Tuesday June 28 that it had filed a complaint against twelve banking establishments which it accused of refusing to reimburse their customers who were victims of fraud.
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In its complaint for
"misleading commercial practices"
, UFC-Que Choisir targets La Banque Postale, Crédit Agricole, Banque Populaire, BNP Paribas, Société Générale, CIC, LCL, Boursorama, ING, Nickel, Cetelem and Floa Banque.
According to the association, which has analyzed 4,300 reports for refusal of reimbursement, 60% of which concern damage greater than 4,000 euros and which can go up to several tens of thousands of euros, the banks make consumers believe
“that they do not
'have no right to reimbursement'
and
'deceive them on the extent of their rights'
.
"The most common method is to accuse the victims of
'negligence'.
An alibi which is not admissible, and even less so when the operation was validated with the only SMS.
In second place comes the systematic refusal to reimburse in the event of reinforced authentication, without the bank providing proof that its customer is the originator of the payment.
At the foot of the podium, other banks are trying to justify themselves by indicating that their insurance refuses any support”
, which is not a valid reason, denounces UFC-Que Choisir in a press release.
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For Raphaël Bartlomé, head of the legal department of UFC-Que Choisir, the answers of the banks show
"an industrialization of the treatment"
, in violation of the Monetary and Financial Code which circumscribes the criteria for refusal of reimbursement.
"The bank must show
how (customers)
were negligent, one by one,"
he said.
The association also seized the Prudential Control and Resolution Authority (ACPR), the regulator of banks and insurers, and Bercy
“to intensify controls and establish a framework guaranteeing the effectiveness of the right to reimbursement for victims of fraud. »
.
In April 2021, the Banque de France and the ACPR called on payment players to reimburse better and faster in the event of fraud.
The French Banking Federation had replied that the banks reimbursed 85% of fraudulent card payments but that they were
"not automatic because it is necessary to verify that the dispute does not originate from a commercial dispute, that the fraud does not come not of gross negligence or that the challenge is not made outside the legal deadlines, for example”
.
