Bank card fraud, phishing and bogus advisers: your rights

An unknown direct debit appears on your statement. Your account has been emptied by a transfer during the night. A so-called adviser from your bank has called you to «secure» your account - and you have validated transactions on his behalf. These scenarios are multiplying. The techniques are evolving: spoofing of your branch's official number, fraudulent SMS alerts, cloned banking interfaces. The result is always the same: funds disappear.

The French Monetary and Financial Code protects you. The bank is obliged to reimburse any unauthorised payment transaction, unless it can prove that you have committed a fraud. gross negligence. The burden of proof is on her, not you.

Art. L.133-18 of the Monetary and Financial Code

In the event of an unauthorised payment transaction, the payment service provider shall refund the payer immediately, and in any event no later than the end of the next working day. In the event of late payment, interest will be charged at the legal rate plus 5 to 15 percentage points.

Situations in which we intervene

  • Bank card piracy: unauthorised online purchases, use of stolen data
  • Spoofing and fake bank advisers: call from your bank's official number, manipulation to validate transfers
  • Phishing: fraudulent e-mail or SMS imitating your bank, retrieving your login details
  • Fraudulent transfer: a transaction initiated without your knowledge from your online banking space
  • Unauthorised debits: recurring or one-off debits without your consent

Art. L.133-19 V of the Monetary and Financial Code

Unless he/she has acted fraudulently, the payer shall not bear any of the following costs no financial consequences if the unauthorised payment transaction was carried out without the bank requiring strong authentication.

This point is decisive. The Court of Cassation has confirmed this (Cass. com., 30 August 2023, no. 22-11.707): if your bank did not require strong authentication to validate the disputed transaction, the refund is due without any possible discussion of your possible negligence.

As for spoofing, the ruling of 23 October 2024 (Cass. com., no. 23-16.267) established the principle that no gross negligence can be imputed to a victim contacted by a fraudster using the bank's official telephone number. Case law protects victims of these sophisticated manipulation techniques.

Steps after a bank fraud

1

Stop payment and notify your bank in writing

2

Filing a complaint and reporting on Perceval

3

Request reimbursement (deadline: max. 13 months)

4

Reimbursement by the bank (D+1 business day)

5

If refused: formal notice followed by a writ of summons

Companies: Chairman fraud, forged bank details and internal embezzlement

Bank fraud also affects businesses. The amounts involved are often far greater: a transfer of 50,000 or 200,000 euros diverted to a foreign account can jeopardise a company's cash flow.

The mechanisms are tried and tested. Chairman fraud: someone posing as a company director orders an urgent transfer, claiming confidentiality. Counterfeit RIB fraud: a regular supplier reports a change in bank details - the transfer is sent to a fraudulent account. Internal fraud: an employee embezzles funds by changing the beneficiaries of recurring transfers.

Our firm handles

  • Reconstructing the fraud scenario and securing evidence
  • Filing a criminal complaint for fraud (art. 313-1 of the Criminal Code)
  • Liability of the bank if it executes an abnormal transfer without verification
  • Action to recover funds from the bank of the fraudulent beneficiary
  • Recourse against payment service providers involved in the transfer chain

For companies, the question of banking liability arises from a different angle: the payment service provider's duty of vigilance in the event of unusual transactions (atypical amount, unknown beneficiary, suspicious time of day). However, the Court of Cassation has ruled that the obligation of vigilance against money laundering does not give rise to a right to compensation in favour of the customer (Cass. com., 4 March 2026, no. 24-19.588). The action must be based on the provisions of the Monetary and Financial Code.

Your bank refuses to pay: what we can do

The scenario has become commonplace. You report the fraud on time. You lodge a complaint. You produce all the supporting documents requested. The bank still refuses, citing your «gross negligence»: you gave them your codes, validated the transaction and failed to be vigilant.

Our firm contests these refusals. We analyse each case in the light of the legal framework and the recent case law of the Cour de cassation, which is now largely favourable to victims.

Our method

  • Analysis of the file: chronological reconstruction, verification of compliance with deadlines, examination of the conditions of the disputed transaction
  • Verification of strong authentication: did the bank require double validation in accordance with article L.133-44 of the CMF? If not, the refund is due
  • Challenging gross negligence: the burden of proof is on the bank - we deconstruct its arguments
  • Amicable phase: formal notice with precise legal basis and applicable case law
  • Litigation: summons to appear in court, with a claim for interest on late repayment.

The law of 16 August 2022 strengthened the protection of victims by introducing progressive late payment penalties: the legal rate is increased by 5 points from the first day, 10 points after 7 days and 15 points after 30 days. These penalties provide powerful negotiating leverage against recalcitrant banks.

We intervene before all courts in France, from the initial formal notice to the appeal to the Supreme Court if necessary.