Anything & Everything Costa Rica

Customer is always to blame!

RICO’S Q — The new campaign against fraud on the Costa Rica financial system’s platforms is based on the assumption that the customer is responsible. This idea and argument have always been raised, mainly when discussing liability in judicial proceedings.

Financial institutions have always delegated responsibility for fraud to the customer, seeking to have people admit to the financial institution or the courts that they have committed an improper act.

The above approach obscures the responsibility of financial institutions for the security of their platforms for financial transactions. The issue is complex because simply by the person’s acceptance of providing personal data, in a good portion of judicial proceedings, if not all, the financial institutions are exonerated from liability. However, in many cases, the platforms do not have security measures in place to prevent criminals from obtaining this data through deception.

Security lapses also occur in other processes managed on these platforms. On the one hand, the financial institutions tell their clients not to answer phone calls or messages, but they constantly call them offering financial products, a situation that contradicts what is said and what is done.

This issue is especially critical for older adults, as they have greater difficulty adapting to new technologies and, given this reality, prefer to go to the ATM in person. However, financial institutions are now charging a fee for transactions made in person at financial institutions, at the counter, or at ATMs.

Financial institutions should have a little more decency and assume their responsibility in this matter. It is clear that the rule is not to do so because of the domino effect it entails. However, we are talking about adopting all measures to ensure that platforms request different passwords to access clients’ accounts. In effect, we are talking about dynamic passwords, double or even triple passwords, real-time notification of any transaction made in the client’s accounts. In short, ensuring that the obstacles facing cybercriminals are sufficiently robust to prevent fraud.

It’s clear that clients can expect nothing from financial institutions. Nor can they look to the Superintendency of Financial Institutions, which always favors the bodies it should control.

Likewise, they should expect nothing from the Republic’s judges, because their interpretations of the regulations are based on exegesis in the best style of the most rancid legal positivism.

In short, so that clients are crystal clear: absolutely nothing can be expected from the national financial system. Nothing.

This opinion article is translated and adapted from the article by Andi Mirom posted on ElPais.cr. Read the original in Spanish here.

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