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  • Fecha: 05-04-2024
  • Palomar Abogados


A court sentences Evo Banco to pay our client the 5,980€ that was stolen by bank phishing.

On December 13, 2023, Valencia Court No. 27 issued sentence 371/2023, by virtue of which it upheld the legal claim for damages filed by the law firm Palomar Abogados in defense of an affected client of EVO BANCO, S.A., who was the victim of a bank phishing; the court decision obtained by Palomar Abogados has ruled that EVO BANCO must compensate our client for the full amount of the €5,980 that was unlawfully stolen, and must also pay him the legal interest and the procedural costs of the legal claim.


We attach the aforementioned sentence to this post, so that you can check its full text.


The amount of €5,980 had been stolen from the user of EVO BANCO's online banking by a cybercriminal through a bank deception or phishing action. This deception was implemented through an SMS, which was accompanied by a phone call with a forged sender, that is, in such a way that the mobile device of the user receiving the call displayed exactly the same telephone number, 910.900.900, as the one that officially corresponded to EVO BANCO's Customer Service; This was done through criminal technology called "telephone spoofing" or "caller identity spoofing."


Thus, by means of a social engineering action, and under the pretext of protecting the bank customer from a security incident, the cybercriminal captured from the affected person the full numbers of their debit and credit cards respectively, as well as the PIN codes of the aforementioned payment cards. Immediately thereafter, it withdrew from the affected person's bank account the amount of €5,980 through two remote purchases with a payment card made from the multinational commercial provider of technological financial services SAFE CURRENCY.COM.


At Palomar Abogados, which was professionally commissioned to deal with the matter, we filed a lawsuit claiming compensation for damages. It was based on the non-contractual and contractual civil liability of EVO BANCO, due to the security deficiency incurred by its customer authentication system. At the law firm Palomar Abogados, we properly chose the factual and legal arguments in order to prove that EVO BANCO was exclusively responsible for the objective operational breach incurred by EVO BANCO's customer authentication system.  


We are gratified, once again, to have been able to promote, from Palomar Abogados, with this new judicial success, that our client has recovered in full the substantial amount of €5,980.-, together with the legal interest; Moreover, the recovery of his money has not entailed any cost for our client, since EVO BANCO has been ordered to pay the costs of the legal proceedings.


If you have been the target of bank phishing, contact Palomar Abogados without obligation. We are specialists in this area of banking law, and we take on our work with the utmost professionalism and rigour, as endorsed by the sentence that we have been obtaining in courts throughout Spain and you can see on our website.  We recently had an interview on CADENA SER in which we explained the characteristics of the claim. You can listen to it here:




We will examine the specific case of bank phishing of which you have been a victim, and we will offer you a rigorous and honest diagnosis. We look forward to helping you claim your money.





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