After cloned chip and loss of access to Binance, husband Claro sues. at

A customer filed a lawsuit in the Federal District in 2021 against the telephone operator Claro, alleging that his line was the target of a fraud that prevents him from buying cryptocurrencies on Binance.

Since this is the brokerage with the largest number of negotiations in the Brazilian real, he sought help when he saw that he lost much of the market movement in 2021, a situation that will continue into 2022.

†The plaintiff alleges that overnight on 04/06/2021, he received a message in his email about a password change on his account with the cryptocurrency exchange Binance.com, as well as a message of a password change on his account email. The message stated that the account had been opened from Spain, using his mobile number’s phone line to receive SMS, and when attempting to log into the brokerage firm, he was told the password was invalid.†

When he tried to enter the wrong password several times because it was changed by the new owner of the line, an error message was returned and his Binance account was blocked from access. The investor did not report whether he noticed an inappropriate withdrawal from his account during the trial as the scammer also had access to his email.

Anyway, he started investigating the matter and believes that a Claro store is responsible for the problem.

Client asked Claro for moral damages after being prevented from accessing his Binance account to buy cryptocurrencies

In October 2021, a Federal District judge analyzed the case brought by the cryptocurrency investor by Binance against Claro, hearing both sides in the process. After the customer’s report, asking for a refund of his plan and compensation, Claro claimed there was no fraud.

The operator claimed that “there was no evidence of any participation in or facilitation of Defendant Claro or her associates in said practice, and the attempts were made in accounts and applications by embezzlers† The company also claimed that the activation of another chip with the same line was performed on a different date than the one claimed by the customer, who provided no conclusive evidence or real facts.

However, the judge did not understand this with the evidence in the file and eventually gave the client the right. In this way, the company was ordered to repay its bill with its plans entered into before the fraud, the payment of bills charged after the problem, and moral damages of R$3,000.

Appealed of course, but magistrates disagreed with operator

Claro saw the decision and later appealed to the TJDF, trying to override the decision given to her client. However, the judges unanimously voted not to approve the company’s appeal.

In this way, the costs of the proceedings and the legal costs are paid by Claro, in addition to the conviction in the first instance. The operator can now only appeal if he believes he can change the decision.

What draws attention to the matter is that cryptocurrency investors, especially in exchanges, should be careful about the access allowed on these platforms. This is because the theft of a telephone line puts all assets of a Brazilian investor at risk.

Recently, his device was stolen from a travel investor in Peru and all his cryptocurrencies were stolen. That is, it is important to keep access to accounts safe and unrelated to telephone line accounts, which can pose risks in the event of fraud.

Called SIM Swap, these scams are not only dangerous for cryptocurrency apps, but also banking and personal information.