Post by account_disabled on Mar 11, 2024 4:10:43 GMT -5
When promoting its activities via the internet the company must provide a safe and certified environment in order to protect the electronic negotiations offered to the consumer.
RF
Amateur investor woman had R in cryptocurrencies withdrawn from her account
Based on this premise the th Chamber of Private Law of the Court of Justice of São Paulo TJ-SP dismissed the appeal filed by a cryptocurrency broker and maintained the decision that ordered the company to return amounts withdrawn from an investor's account during a hacker attack .
According to the records the woman used Phone Number Data the platform to invest her savings in purchasing cryptocurrencies. A security flaw in the brokerage system however allowed the hacker to withdraw the entire amount invested in the consumer's account leaving a loss of R.
Unsatisfied she filed a lawsuit against the platform claiming that she had not been informed about the operation and asking for the amounts to be refunded. The company in turn did not recognize the fraud and attributed responsibility for the failure to the consumer — who according to the platform had made six withdrawals from her investment portfolio.
In the first instance the court of the th Civil Court of the TJ-SP understood that the brokerage was unable to prove the efficiency of its security system and ordered the return of the amounts to the investor. The company appealed.
Responsible for reporting the appeal judge Ferreira da Cruz noted that the occurrence of fraud could not be a reason for controversy. Given this he began to analyze whether the company in fact failed to provide services.
The rapporteur then acknowledged that in protection systems against hackers “there will always be a residue of insecurity as there is no completely secure service”. Therefore in cases like this it is necessary to assess the extent to which insecurity has exceeded the level of normality and predictability.
It turns out that the company did not clarify the authorization given to the various withdrawals made from the investor's account — all in the judge's view “at least worthy of suspicion”.
Faced with doubt however the judge understood that the issue should be resolved in favor of the consumer “whose honesty appears as clear as the sun that shines from the installed factual reality especially because the adoption by the defendant of such a primitive security procedure which leaves the consumer’s assets unduly exposed.
RF
Amateur investor woman had R in cryptocurrencies withdrawn from her account
Based on this premise the th Chamber of Private Law of the Court of Justice of São Paulo TJ-SP dismissed the appeal filed by a cryptocurrency broker and maintained the decision that ordered the company to return amounts withdrawn from an investor's account during a hacker attack .
According to the records the woman used Phone Number Data the platform to invest her savings in purchasing cryptocurrencies. A security flaw in the brokerage system however allowed the hacker to withdraw the entire amount invested in the consumer's account leaving a loss of R.
Unsatisfied she filed a lawsuit against the platform claiming that she had not been informed about the operation and asking for the amounts to be refunded. The company in turn did not recognize the fraud and attributed responsibility for the failure to the consumer — who according to the platform had made six withdrawals from her investment portfolio.
In the first instance the court of the th Civil Court of the TJ-SP understood that the brokerage was unable to prove the efficiency of its security system and ordered the return of the amounts to the investor. The company appealed.
Responsible for reporting the appeal judge Ferreira da Cruz noted that the occurrence of fraud could not be a reason for controversy. Given this he began to analyze whether the company in fact failed to provide services.
The rapporteur then acknowledged that in protection systems against hackers “there will always be a residue of insecurity as there is no completely secure service”. Therefore in cases like this it is necessary to assess the extent to which insecurity has exceeded the level of normality and predictability.
It turns out that the company did not clarify the authorization given to the various withdrawals made from the investor's account — all in the judge's view “at least worthy of suspicion”.
Faced with doubt however the judge understood that the issue should be resolved in favor of the consumer “whose honesty appears as clear as the sun that shines from the installed factual reality especially because the adoption by the defendant of such a primitive security procedure which leaves the consumer’s assets unduly exposed.