Fraudsters are developing ever more sophisticated methods to harm bank customers in online banking. A recent ruling by the Braunschweig Higher Regional Court (OLG) shows that those affected are not entitled to a refund if they themselves contribute to the execution of a fraudulent transaction through gross negligence (decision of January 6, 2025, ref. 4 U 439/23).
What happened?
A bank customer received a call from a supposed bank employee warning her about an unauthorized credit card registration. In order to "cancel" the alleged registration, she was asked to issue a pushTAN authorization - which she did a total of four times. As a result, almost 8,000 euros were debited from her account.
The bank refused regulation.
Judicial decisions
The Göttingen Regional Court ruled in the first instance that although the plaintiff had a claim for reimbursement against the bank, the bank in turn had a counterclaim against the plaintiff, as the latter had initiated the pushTAN procedure in breach of duty and gross negligence, contrary to the bank's security instructions.
The Braunschweig Higher Regional Court confirmed this decision. The customer should have been suspicious due to several suspicious facts, including
- There had been various suspicious facts and contradictions, but nevertheless pushTANS had been released several times on the instructions of the fraudster, which constituted a serious breach of duty of care.
- Furthermore, there were additional grounds for suspicion, as there had already been a previous phone call that could not be clarified even after consulting the bank, and the alleged bank employee's claim that the card had to be canceled even though there had only been one attempted credit card application should have aroused suspicion.
- The fraudster also claimed that the EC card could still be used despite the account being blocked.
- The multiple pushTAN release should also have aroused suspicion.
Therefore, the OLG found that the overall picture of the suspicious facts in this case provided for the assumption of gross negligence.
Conclusion
Despite a number of security measures, fraudsters are still able to debit their victims' accounts. What is striking is that fraudsters now often use the customer themselves as a tool against themselves. Whereas in the past PIN numbers were spied out or credit cards were copied through specially attached credit card slots on ATMs, fraudsters now often deceive unsuspecting customers and induce the customer to make the transfer themselves.
Important findings for bank customers
- Fraudsters use psychological tricks to persuade victims to actively help.
- Beware of "caller ID spoofing": Fraudsters can make real bank or blocked hotline numbers appear on the display.
- Banks never request pushTANs or PINs over the phone!
What to do in the event of fraud?
If unauthorized debits are made from your account, you should act immediately:
✅ Contact your bank and report the transaction.
✅ File a complaint with the police.
✅ Seek legal advice to check possible claims.
📌 Important: Whether you are entitled to a refund depends on the individual circumstances. We will be happy to assist you with the legal check!
