• Alior Bank, Bank Handlowy, Bank Ochrony Środowiska, Pekao SA, Powszechna Kasa Oszczędności Bank Polski, Plus Bank are other banks where UOKIK has questioned the way they settle with consumers and respond to complaints in the case of unauthorized transactions.
• According to the regulations, banks should give the money back by the end of the next business day after receiving the request.
• UOKiK’s activities have already affected 15 banks. The fine for violating the collective interests of consumers can be up to 10 percent of turnover.

President of UOKiK has instigated 6 proceedings against: Alior Bank, Bank Handlowy, Bank Ochrony Środowiska, Pekao SA, PKO BP, Plus Bank. The charges concern the banks' response when consumers report unauthorized transactions. They most often occur as a result of cyber attacks, such as fraudsters phishing for online and mobile banking passwords, transfer authorization codes and card data. To this end, fraudsters impersonate bank employees, persuading to install software that supposedly saves consumers' funds while in reality they are intercepting data to make a transfer. They also often take advantage of sales websites, sending the buyer links directing them to fake websites allegedly to make payments when in fact they capture online banking login credentials. As a result of fraudulent activities, the consumer loses their money.

According to laws, banks are obliged to reimburse the payer with the amount of the unauthorised payment transaction or to restore the debited payment account to the status prior to such transaction - by the end of the next business day following the notification. The exception is two situations: the consumer’s notification took place later than 13 months after the payment transaction or there is a reasonable suspicion of fraud on the part of the consumer which was duly notified by the bank to the police or prosecutor’s office.

 - Banks do not always fulfill their obligation to reimburse aggrieved consumers. They refuse to do so or turn them in after the deadline. Misleading information provided in response to complaints is also a problem. We have pressed further charges against banks that fail to settle with consumers when unauthorized transactions are reported and mislead them. Our activities have already affected a total of 15 banks. I would like to remind you that we can impose a fine of up to 10% of turnover on an entrepreneur for violating the collective interests of consumers - says President of UOKiK, Tomasz Chróstny.

To date, we have reported on pressing charges to 9 financial institutions (5 of which we reported on in July 2022, 4 in November 2022). 

In the latest six proceedings, UOKIK is challenging:

Failure to refund money within the time limit of D+ 1. According to the Payment Services Act, the bank should refund the stolen amount to the consumer within D+1, i.e. by the end of the next business day after the unauthorized transaction is reported. However, if it finds that the consumer, through gross negligence, contributed to the execution of the unauthorized transaction, it may demand that the consumer return the money previously returned by the bank. 

Our analysis shows that banks do not give back stolen money at all or do not do so on time (Bank Handlowy, Bank Ochrony Środowiska, Pekao SA, Plus Bank). Two of them (Alior Bank, PKO BP) have introduced the so-called "conditional return" - they give the money back while the complaint is being processed, and if, having analysed the case, they find that this is the responsibility of the consumer, as a consequence they automatically take the amount previously returned from the consumer's account. In addition, PKO BP writes back in response to consumer complaints in such a way that the consumer may not realize for what reason the bank denied their complaint. Nor does it present evidence to show that the customer is at fault.

Misleading responses to reports of money theft. Banks reject customer complaints about an unauthorized transaction, citing that the system provided the data necessary to complete the transfer, that is, the transaction was, in their view, properly authenticated. On the other hand, they do not take into account that the transaction may have been performed by someone else without the consumer's consent and knowledge. As a result of this, many people may give up on asserting their rights.

Imposing a limit on the number of possible complaints and shortening the time for filing them. Alior Bank and Plus Bank may additionally mislead by limiting the number of complaints a consumer can make (max. 15) and reducing the time for filing claims to 120 days after the event. The law does not limit the number of claims, and the time for filing claims is 13 months. 

-The bank's obligation does not terminate with demonstrating the correctness of authentication when performing transactions. It is important for financial institutions to provide such security measures to limit the activities of fraudsters. A transaction is authorized only if it is authenticated with the knowledge and consent of the consumer. We are counting on the sector to bring its actions in line with the law that has been in effect for years - for the benefit of consumers - President of UOKiK added.

Proceedings for violations of the collective interests of consumers by banks can result in fines of up to 10% of the entrepreneur's turnover.

What to do if you are a victim of fraud? How can you protect yourself from unauthorised transactions? You will find useful tips in answers to frequently asked questions drawn up by UOKiK and the Financial Ombudsman's Office.

Also watch the spots prepared by UOKIK as part of the campaign “Losing your data means losing  money". Through the campaign, the President of UOKiK warned of the threat of losing data and financial means and calls for increased consumer caution. 

Additional information for the media:

UOKiK Press Office
pl. Powstańców Warszawy 1, 00-950 Warszawa, Poland
Phone: 22 55 60 246
Email: [SCODE]Yml1cm9wcmFzb3dlQHVva2lrLmdvdi5wbA==[ECODE]
X: @UOKiKgovPL
Instagram: @uokikgovpl