On December 12, 2023, the Valencia Court No. 17 issued sentence 349/2023, upholding the claim for compensation for damages filed by the law firm Palomar Abogados in favor of a client of CAIXABANK, S.A. who was the victim of bank phishing; By virtue of the court decision, CAIXABANK has been ordered to compensate our client for the amount of the 1,500 euros that were stolen, and also to pay him the legal interest and the procedural costs of the legal claim.

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

The amount of €1,500 had been stolen from the user by a cybercriminal through a deception or phishing action, which began with an SMS message and continued with a website that appeared to belong to CAIXABANK, S.A. Through a social engineering action, the affected person's ID number and password to access online banking were captured, after which two unauthorized debit card operations were carried out for the respective amounts of 1,000 euros and 500 euros, whose recipient was the multinational financial services technology entity BINANCE.

At Palomar Abogados, which took on the legal defence of the bank user, we filed a lawsuit claiming compensation for damages. It was based on the extra-contractual and contractual civil liability of CAIXABANK, S.A. for the security breach incurred by its customer authentication system. We were able to convincingly substantiate that CAIXABANK, S.A. was solely responsible for the deficient functioning of the bank's security system.  

The expert report of more than 200 pages provided by CAIXABANK, S.A., was not sufficient to counteract the solidity of the factual and legal arguments put forward by Palomar Abogados in its application and in the oral trial.

We are proud, once again, of this judicial success, with which in the present case we have been able to recover for our client €1,500 that was stolen from him; We are also pleased that the court ruling has ordered CAIXABANK, S.A. to pay, together with the amount of the principal of the claim, the legal interest and the costs of the legal proceedings.

If you have been affected by bank phishing, contact us without obligation. At Palomar Abogados we are specialists in this area of banking law, which increasingly affects the clients of financial institutions.  We recently had an interview on CADENA SER in which we explained the characteristics of the claim. You can listen to it here:

https://cadenaser.com/audio/1641803349_182051/

We will study your case carefully, and we will offer you a frank diagnosis. We look forward to providing you with legal assistance in reclaiming your money.

https://palomarabogados.es/contactar/