Credit card fraud is not the responsibility of the seller.
11 de December de 2024, às 22:26
Alcemir Junior
Purchases in physical stores, using a credit card that has been stolen or lost, using a password, or even in online stores, with all the data entered correctly, will not generate, - for the shopkeeper, an obligation to compensate the victim.
Despite being in the supply chain, the STJ has held that there is no way to impute liability to the store where a lost, stolen or misplaced credit card was used to make purchases because, in these cases, the merchant fulfilled his duty of care, since, when asked for the password, the fraudulent buyer entered it and the purchase was approved.
Even if the debt with the card company is canceled and the consumer's name removed from credit protection lists, the merchant who acted in compliance with the requirements of caution should not be penalized, unless his participation in the crime is proven.
Despite being in the supply chain, the STJ has held that there is no way to impute liability to the store where a lost, stolen or misplaced credit card was used to make purchases because, in these cases, the merchant fulfilled his duty of care, since, when asked for the password, the fraudulent buyer entered it and the purchase was approved.
Even if the debt with the card company is canceled and the consumer's name removed from credit protection lists, the merchant who acted in compliance with the requirements of caution should not be penalized, unless his participation in the crime is proven.
