STJ limits bank liability for digital fraud

The Third Panel of the Superior Court of Justice (STJ) has ruled that financial institutions are not automatically liable for losses resulting from the ‘fake call center’ scam. In a unanimous decision regarding Special Appeal 2.209.868, the court established that compensation for damages requires proof of a concrete failure in the banking service, such as the inability to identify transactions that are incompatible with a client's profile.

The case involved a customer who lost over R$ 31,000 after following instructions from criminals posing as bank employees. The court determined that the Pix transfers did not deviate from the account's history and that the largest transaction was conducted in person at a branch, without the victim reporting a suspicious call.

This ruling operates alongside STJ Precedent 479, which states that banks are objectively liable for third-party fraud when the event is part of the inherent risk of their activity. The decision shifts the focus toward whether the institution had the technological capacity to identify risks and interrupt fraudulent operations.