Philenews

No Guaranteed Compensation for Fraud Victims – Banks Have No Obligation

Published March 14, 2026, 09:16
No Guaranteed Compensation for Fraud Victims – Banks Have No Obligation

Bank customers need to be particularly careful not to fall victim to fraud, as banks can refuse to immediately return funds in cases of fraud, citing user negligence. The case comes to the forefront following an opinion from the Attorney General of the Court of the European Union, who argues that banks are obliged to immediately return funds in cases of unauthorized transactions, unless there is evidence of fraud by the customer himself. The case concerns a Polish citizen who fell victim to phishing, but her bank refused to return her money. European legislation, such as the PSD2 directive, requires banks to immediately return funds, but in practice, banks often cite customer negligence. The Attorney General's opinion strengthens the banks' obligation to compensate for damages from unauthorized transactions and limits the ability to reject compensation claims. However, the legislation does not fully guarantee compensation for fraud victims, as banks can refuse to return funds if the customer granted access to their account or made a payment they believed was for another purpose. Banks argue that they have implemented security measures, but fraud incidents are increasing. In summary, this case highlights the need for greater protection of consumers from banking fraud and strengthening the responsibility of banks to compensate for damages caused by unauthorized transactions. The final decision of the European Court will determine the future of compensation in such cases.