Online banking scams are increasingly frequent and sophisticated. Credit: tadamichi/Shutterstock
A common worry among victims of online banking fraud is that the bank will blame them. After reporting the scam, it is not unusual to hear that the customer was careless with their credentials and that the bank therefore refuses to refund the money. Can the bank really refuse on that basis? A recent ruling of the Court of Justice of the European Union confirms that, in some cases (and at least as far as the initial refund is concerned) it may not.
The case, decided in October, concerned a woman in Poland who lost around seven hundred euros after a fake buyer of an item she was selling online sent her a link that led to a copy of her bank’s website. The bank refused to refund her, arguing she had been grossly negligent. The court’s answer, in broad terms, was that the bank cannot use that argument to delay the refund.
Money back first, questions later
The judgment separates two steps clearly:
- First, when there has been an unauthorised payment, the bank must refund it At the very latest, by the end of the next business day. The only exception would be where the bank has reasonable grounds to suspect fraud by its own customer and reports those grounds in writing to the national authority.
- Second, the argument about negligence does not disappear. It simply comes later. If the bank believes the customer was grossly negligent, it might try to recover the money afterwards, and it would have to prove it.
So, is it all solved?
Not quite. The ruling concerns unauthorised transactions (such as Phishing) and not every scam fits that label. Some banks might still resist. And nobody can say yet how consistently the rule will be applied in practice.
What does seem clear is that the first hours matter. Tell the bank straight away, as the refund clock starts from there. Report it to the police. Keep every message, email and screenshot. Then put your request in writing and mention the ruling.
If your bank refuses to refund you, do not assume that is the end of the story. At White-Baos Lawyers we help clients who find themselves in exactly this position. Reach out to us today.
You may be interested in the following services and articles:
Claims against banks. The mortgage swap or the interest financial swap. New legal success against banks. Spanish banking law
Revolving cards. Claim against your bank. Expert Solicitors. Time limitation, nullity, lack of transparency and usury. Court precedents.
Bank responsibility in phishing fraud cases. Legal advice. Spanish Expert lawyers in banking law.
Carlos Baos (Lawyer)
White & Baos.
Tel: +34 966 426 185
E-mail: info@white-baos.com
White & Baos 2026 – All Rights Reserved.
