shall not prevent any fraudulent payment. In such a case, it is the bank which, if it does not prove the fault of the user, bears that risk. This is recalled by the Court of Cassation in a judgment of May 29, 2019.
A woman realizes that operations were carried out despite the security system
3D Secure
. However, this security system requires each payment to enter all the information appearing on the credit card and a confirmation code sent to the customer by SMS. It then asks for reimbursement of the expenses incurred, disputing that it has authorized them. This the bank rejects, defending the absence of a failure of its system and advancing its client's negligence.
The Court of Cassation finally ordered the bank to reimburse its client. On the one hand, the bank is responsible for the risk associated with the use of the authentication system for the online transactions that it provides. On the other hand, he had to prove that his client had personally committed a mistake, proof that the bank had failed to report.
