First, for no apparent reason, you are left without line or data coverage on your mobile. The next thing is to realize that your bank account has been emptied. This nightmare is the result of ‘SIM swapping’one of the most dangerous scams and protagonist of the sentence we are discussing today.
what has happened. The Plasencia court has sentenced Vodafone and Ibercaja to return all the money to a client affected by this type of scam, as reported in Economist & Jurist. Vodafone issued a duplicate SIM card to the victim, but it was not she who requested it, but rather a third party who used it to obtain virtual bank cards without her authorization.
When he reported it, the bank returned several transfers made by the scammers, but they did not cover the entire amount; There were still 22,833 euros to recover. The ruling concludes that both the bank and Vodafone are responsible and must replace that amount.
Why is it importantand. The ruling places the responsibility for this type of scam on companies, not only banks but also operators. Vodafone tried to pass all responsibility to the bank, while Ibercaja alleged that it was not a security failure on its part, but rather negligence on the part of the client. The sentence is clear: both are responsible; Vodafone for not identifying who requested the duplicate SIM and the bank for not having implemented protection measures to avoid this fraud, which had been known for a long time. The ruling concludes that “generic warnings from banks cannot be used to impute negligence to the user”.
Precedents. There have been other favorable rulings for those affected by ‘SIM swapping’, such as this one from the Supreme Court that condemned an entity (also Ibercaja, by the way) to return 56,474.63 euros. The cases in which the operators are also held responsible are less common, but they also exist. In 2022, the Court of First Instance No. 15 of Zaragoza sentenced Telefónica to pay 2,680 euros to another victim of this scam.
Fines. Although the operators are not always sentenced to pay the stolen amount, they have received numerous fines. The AEDP has already fined different operators for allowing this practice for an amount of 6.7 million euros. Digi has been one of the most affected companies, with a initial fine of 70,000 euros that finally It reached 270,000 euros.
SIM swapping. The mobile phone has become the center of our digital life. With it we access and identify ourselves in all types of services, also in our bank, which is why it has become such a valuable object for scammers. ‘SIM swapping’ consists of the scammer requesting a duplicate of our SIM card in order to control our bank accounts using SMS verification. The problem usually occurs due to a lack of security measures in the operators’ stores, which fail to identify who is going to request the duplicate.
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