Justice orders Bradesco to indemnify elderly man who fell in the motoboy scam

The TJ-SP (São Paulo Court of Justice) ordered Bradesco to return the approximately R$ 4,500 that a 78-year-old customer lost in the so-called motoboy scam, according to a decision on the 22nd.

In the motoboy scam, an embezzler calls the victim as if he were a bank employee who identified a suspicious or irregular transaction in the account. He asks for a password and other sensitive data and then goes to the person’s house to remove the customer’s card, with the justification that it will be returned to the bank. With the customer’s data, the password and the chip in hand, the scammers make several purchases, generating losses of thousands of reais.

wanted by SheetBradesco informed that it does not comment on cases under discussion in court.

If the victim refuses to provide the information, the criminal can give a phone number supposedly from the bank for service, but the call is intercepted by someone from the gang.

The case took place in Limeira, in the interior of São Paulo, in December last year. The elderly man received a call from a fraudster who claimed to be an employee of Bradesco and reported that a purchase of R$1,900 had been made in his name.

The fake employee requested the customer’s password and removed the card at his home. In two days, several withdrawals were made from the victim’s account, totaling R$ 4,553.

In the decision, Judge Ricardo Truite Alves states that it is not possible to demand the same degree of technical knowledge from the average man from a 78-year-old.

“The defendant did not bring a single document demonstrating that it has somehow informed the consumer about the possibility of the aforementioned scam by third parties in bank accounts.”

The magistrate, however, denied the request for compensation for moral damages. According to the decision, the victim suffered no extra-patrimonial damage.