The consumer association UFC-Que Choisir said on Tuesday that it had filed a complaint against twelve banking establishments which it accused of refusing to reimburse their customers who were victims of fraud.
In his complaint for misleading business practicesUFC-Que Choisir targets La Banque Postale, Crédit Agricole, Banque Populaire, BNP Paribas, Socit Generale, CIC, LCL, Boursorama, ING, Nickel, Cetelem and Floa Banque.
According to the association, which analyzed 4300 reports for refusal of reimbursement, including 60% relate to a greater loss 4000 euros and up to several tens of thousands of euros, the banks make consumers believe that they have no 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. Comes in second place 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 coverage, which is not a valid reason, denounces UFC-Que Choisir in a press release.
Industrialization
For Raphal Bartlom, 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 defines the criteria for refusal of reimbursement. According to him, the bank must demonstrate how (customers) have been negligent, one by one.
The association also seized the Prudential Control and Resolution Authority (ACPR), the regulator of banks and insurers, and Bercy for 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 had already 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% fraudulent card payments but that they were not automatic because it is necessary to check that the dispute is not due to a commercial disputethat the fraud does not come from a gross negligence or that the challenge is not made out of legal time for example.
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