Lawyers provide guidance on precautions to avoid scams and how to seek recourse in case of wrongdoing
The PIX, a payment and transfer platform created by Banco do Brasil, began operating today in a testing period and will fully operate starting November 16, and the public still has questions about the new system that promises to make transfers and payments in less than 10 seconds. Consumer law specialist Luiza Simões from the law firm Pinto & Modenesi Advogados Associados advises on precautions to avoid fraud with the new system.
"We must remember that banks do not communicate with their clients via emails or text messages. So, if you receive any contact via messaging apps, SMS, email, or even phone calls asking you to update registration information or to access a certain website or download a specific app, be suspicious. Many consumers fall victim by believing that the fraudster represents the financial institution or that the provided website is official," she warns.
Precautions should also be heightened when making transactions via PIX, as the system will not allow for refunds or cancellations of operations. If you send an incorrect amount to someone or the transfer is made to the wrong person, the user will have to negotiate directly with the person for a refund, the lawyer explains.
Data protection
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Lawyer João Eugênio Modenesi Filho[/caption]
Lawyer João Eugênio Modenesi Filho advises consumers to file a police report and notify the company (bank or fintechs like: Nubank, PicPay, MercadoPago) of the improper use of their data in the PIX system. "The first step is always to notify the company of the error and seek resolution of the conflict with the financial institution; if there is no amicable conclusion, we advise contacting consumer protection agencies and only after that seek legal action if necessary. It is worth remembering that the General Data Protection Law is in effect and financial institutions must use the PIX system within this set of rules for the treatment of personal data," he emphasizes.
Lawyer João Eugênio Modenesi Filho[/caption]
Lawyer João Eugênio Modenesi Filho advises consumers to file a police report and notify the company (bank or fintechs like: Nubank, PicPay, MercadoPago) of the improper use of their data in the PIX system. "The first step is always to notify the company of the error and seek resolution of the conflict with the financial institution; if there is no amicable conclusion, we advise contacting consumer protection agencies and only after that seek legal action if necessary. It is worth remembering that the General Data Protection Law is in effect and financial institutions must use the PIX system within this set of rules for the treatment of personal data," he emphasizes.
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