UOKiK forces major banks to re-evaluate unauthorized transaction claims

The Office of Competition and Consumer Protection (UOKiK) has intervened in a dispute regarding unauthorized bank transactions, forcing major financial institutions to reconsider rejected claims. Four large banks—mBank, BNP Paribas, Alior Bank, and Bank Millennium—have committed to re-evaluating thousands of previously denied complaints related to fraudulent activities occurring after November 15, 2022.

The core of the dispute lies in the legal distinction between authentication and authorization. UOKiK argued that banks often incorrectly rejected claims by stating that a transaction was technically authenticated (via correct login, password, or SMS code), which does not necessarily mean the customer consciously authorized the specific fraudulent operation. Under the Payment Services Act, banks are generally required to return stolen funds by the end of the next business day following a report, unless they have documented evidence of customer fraud.

mBank has already announced that current customers who filed complaints between November 16, 2022, and July 15, 2024, do not need to take further action, as the bank will automatically re-analyze their cases. For complaints filed after July 15, 2024, customers may need to submit a new application.