A client of PrivatBank lost 110,776 UAH after a call to change her app password. Here's the court's decision on the matter.

A woman received a call on her phone from someone claiming to be a bank employee, under the pretext of changing the password for accessing the "Privat-24" mobile application. Subsequently, she discovered an unauthorized withdrawal of funds from her account totaling 110,776 hryvnias. This was reported in a decision by the Khmelnytskyi district court, published on December 30, 2024.

On July 30, 2024, an unidentified individual called her mobile number, posing as a bank employee, and fraudulently obtained 35,800 hryvnias from her bank card with JSC CB "PrivatBank" under the pretext of changing the password for accessing the "Privat-24" mobile application. At the same time, a loan agreement was signed in her name without her consent, allowing for the withdrawal of 74,976 hryvnias, which were transferred to an unidentified account. She did not provide her credit card or password to anyone, nor did she disclose any information regarding her open accounts or any banking secrets. The citizen reported the crime to the police, which resulted in the information being entered into the Unified State Register of Pre-trial Investigations under the signs of part 4 of Article 190 (fraud) of the Criminal Code of Ukraine.

In response to the woman's claim, the bank formally refused to return the funds, arguing that access to "Privat-24" was made under her authorization using her financial phone. She requested to recognize the unauthorized transfer of funds totaling 35,800 hryvnias and 74,976 hryvnias as illegal and demanded that the specified amounts be restored to her account.

"As a result of the internal investigation, the bank found that access to the "Privat-24" system was carried out using information that the plaintiff should not have disclosed. Access was granted using her financial number, with the correct login and password entered for the "Privat-24" system. After entering the correct password, a call was made to confirm the login, and the client pressed 'ok' and entered the "Privat-24" system. Access was made using the financial number, but from an unusual device, a 'Smartphone'. The bank client has no restrictions on which device they use to access the "Privat-24" system, as the client uses a financial number that they determine themselves, reports this in the questionnaire, and sets a personal password for accessing the "Privat-24" system. Therefore, JSC CB "PrivatBank" believes that the responsibility for the transaction on July 30, 2024, lies with the plaintiff," the bank stated.

What did the court decide?

The court denied the woman’s claim. Her actions led to the loss and unauthorized use of her PIN or other information that allowed for initiating payment transactions.

"The court believes that the defendant has proven that the account holder's actions led to the loss and unauthorized use of the PIN or other information that enabled the initiation of payment transactions. For these reasons, the claim cannot be satisfied," the court emphasized.