Unauthorized transfers: scope of the judicial criterion and implications for financial institutions
A new judicial criterion reinforces the evidentiary value of Condusef’s technical opinions in disputes involving unauthorized transactions.
Our partner Alberto Cordoba was consulted by EL CEO for the article “Condusef respalda a usuarios ante bancos y fintech por transferencias no reconocidas y fraudes,” in which he discusses the scope of a recent judicial decision concerning unauthorized transactions and disputes between users and financial institutions.
Alberto explains that the criterion reinforces the evidentiary value of technical opinions issued by Condusef as elements that may be used in judicial proceedings against banks and other financial institutions, without expanding the agency’s sanctioning powers.
He also notes that the criterion could result in greater documentation and compliance requirements for financial institutions, particularly regarding the evidence needed to demonstrate authorization of disputed transactions.
