Card fraud, phishing and fake bank adviser: your rights under French law
An unknown charge appears on your statement. Your account has been emptied by transfer overnight. Someone claiming to be your bank adviser called to “secure” your account – and you validated transactions in their favour. These scenarios are multiplying. The techniques evolve: spoofing the official number of your branch, fraudulent alert text messages, cloned online banking interfaces. The result is always the same: funds disappear.
The French Monetary and Financial Code protects you. The bank is required to reimburse any unauthorised payment transaction, unless it can demonstrate that you committed gross negligence. The burden of proof lies with the bank, not with you.
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In the case of an unauthorised payment transaction, the payment service provider must reimburse the payer immediately, and in any event no later than the end of the next business day. In the event of delay, the sums owed bear interest at the statutory rate increased by 5 to 15 percentage points.
Situations in which we act
- Card fraud: unauthorised online purchases, use of stolen card data
- Spoofing and fake bank adviser: call from your bank’s official number, manipulation into authorising transfers
- Phishing: fraudulent email or text message imitating your bank, harvesting of login credentials
- Fraudulent transfers: transactions initiated from your online banking without your knowledge
- Unauthorised direct debits: recurring or one-off debits without your consent
Article L.133-19 V, French Monetary and Financial Code
Except in case of fraud by the payer, the payer bears no financial consequences if the unauthorised payment transaction was carried out without the bank requiring strong customer authentication.
This point is decisive. The Cour de cassation confirmed it (Cass. com., 30 August 2023, No. 22-11.707): if your bank did not require strong customer authentication to validate the disputed transaction, reimbursement is owed without any possible discussion of your alleged negligence.
As for spoofing, the judgment of 23 October 2024 (Cass. com., No. 23-16.267) established the principle: no gross negligence may be attributed to a victim contacted by a fraudster using the official telephone number of their bank. The case law protects victims of these sophisticated manipulation techniques.
Steps to take after bank fraud
Block your card and notify your bank in writing
File a police report
Request reimbursement (maximum deadline: 13 months)
Bank reimburses (next business day)
If refused: formal demand then court proceedings
Businesses: CEO fraud, fake IBAN and internal embezzlement
Bank fraud also targets businesses. The amounts at stake are often far larger: a transfer of 50,000 or 200,000 euros diverted to a foreign account can jeopardise a company’s entire cash position.
The techniques are well-rehearsed. CEO fraud (fraude au president): someone impersonates the company director and orders an urgent transfer, invoking confidentiality. Fake IBAN fraud: a regular supplier notifies a change of bank details – the payment is directed to a fraudulent account. Internal fraud: an employee diverts funds by altering the beneficiaries of recurring transfers.
Our firm handles
- Reconstructing the fraud scenario and securing evidence
- Filing criminal complaints for fraud (Article 313-1, French Criminal Code)
- Pursuing the bank’s liability where it executed an abnormal transfer without proper verification
- Recovery action against the beneficiary’s bank for return of funds
- Claims against payment service providers involved in the transfer chain
For businesses, the question of bank liability arises from a different angle: the payment service provider’s duty of vigilance in the face of unusual transactions (atypical amount, unknown beneficiary, suspicious timing). The Cour de cassation has clarified, however, that the anti-money laundering duty of vigilance does not in itself give the client a right to damages (Cass. com., 4 March 2026, No. 24-19.588). The action must be brought under the French Monetary and Financial Code regime.
Your bank refuses to reimburse: our intervention
The scenario has become commonplace. You report the fraud within the required time limits. You file a police report. You provide every document requested. The bank refuses anyway, invoking your “gross negligence”: you allegedly shared your codes, validated the transaction, or failed to exercise caution.
Our firm challenges these refusals. We analyse each case against the statutory framework and recent case law of the Cour de cassation, which is now broadly favourable to victims.
Our method
- Case analysis: chronological reconstruction, verification of compliance with time limits, examination of the conditions of the disputed transaction
- Verification of strong customer authentication: did the bank require two-factor validation in accordance with Article L.133-44, French Monetary and Financial Code? If not, reimbursement is owed
- Challenging gross negligence: the burden of proof lies with the bank – we dismantle their arguments
- Pre-litigation phase: formal demand with precise legal basis and applicable case law
- Litigation: court proceedings before the Tribunal judiciaire, with a claim for enhanced interest for late reimbursement
The Act of 16 August 2022 strengthened victim protection by introducing graduated late payment penalties: statutory rate plus 5 points from the first day, 10 points after 7 days, 15 points after 30 days. These penalties are a powerful negotiating tool against recalcitrant banks.
We act before all courts in France, from the initial formal demand through to an appeal to the Cour de cassation if necessary.
Frequently asked questions
My bank refuses to reimburse me after a fraud. What can I do?
Send an immediate written complaint to your bank citing Article L.133-18 of the French Monetary and Financial Code. If the refusal persists, a lawyer can send a formal demand and then commence proceedings before the Tribunal judiciaire. The statutory late payment penalties provide significant leverage.
How long do I have to dispute a fraudulent transaction?
The time limit is 13 months from the date the unauthorised transaction was debited (Article L.133-24, French Monetary and Financial Code). After that deadline, you permanently lose your right to reimbursement. Report the fraud to your bank without delay.
I validated a transfer under pressure from a fake adviser. Am I liable?
Not necessarily. The Cour de cassation held in October 2024 that no gross negligence may be attributed to a spoofing victim. If the fraudster used your bank’s official number to manipulate you, the case law is in your favour.
How much does a French lawyer cost for a bank fraud case?
Fees depend on the amount at stake and the complexity of the case. Our firm offers an initial analysis of your situation. Above 10,000 euros in claimed damages, legal representation is mandatory before the Tribunal judiciaire.
Do you handle urgent fraud cases?
Yes. We take on urgent cases, particularly for immediate formal demands and applications for protective measures. Speed of action is critical to maximising your chances of recovering the funds.