In fresh years, reports of banks that are reluctant to return money for unauthorized transactions in their accounts have increasingly been reported in Poland. This has caused concern among customers and provoked intervention by the applicable regulators. The main problem is the different explanation of transaction authorisation rules, leading to many disputes between banks and customers.
The proceedings of the Office for Competition and Consumer Protection (UOKiK) in this case are a signal that unauthorized transactions are an crucial problem for many people in Poland. Officials are trying to see how banks treat specified cases and how rapidly and effectively they return money to customers. This investigation has shown that there are serious differences between the interpretations of the law, resulting in a refusal to reimburse the funds in the event of a complaint.
One of the main reasons for the dispute is the discrepancy in the explanation of the concept of ‘authorisation of transactions’. According to the banks, providing all the essential data to carry out the transaction, even if the data were stolen, means that the transaction was authorized. For this reason, many client complaints are rejected, leaving them without due compensation. Meanwhile, the UOKiK and the Financial Ombudsman stress that this explanation of the rules is incorrect.
It is worth noting that in many European Union countries authorisation is understood as a formal confirmation of the process of authentication. However, in Poland there is simply a mistake in interpreting the European directive, which leads to confusion in the application of the rules. The banks defend their position by explaining that the problem is due to an incorrect translation of the European Directive, where the word "identification" has been translated as "authorisation". This causes banks to anticipate customers to prove transaction authorisation, which may not be possible in the case of fraudulent activities.
Article 45(2) of the Payment Services Act clearly states that the fact that the payment instrument is utilized is not adequate proof of the authorisation of the transaction. Nevertheless, banks frequently avoid returning money, citing another legal interpretations. According to the current rules, banks have 1 working day to reimburse money in the event of an unauthorized transaction, with any exceptions. However, in practice these procedures may be long-term and insufficiently clear for customers.
In this context, legislative action is needed to regulate the explanation of the rules on transaction authorisation. Banks should be required to deal more transparently and effectively with client complaints, especially in the case of unauthorised transactions. Ultimately, ensuring fair banking practices is simply a key component in building client assurance in the financial sector.
Ignacy Michałowski
OSINT investigator with experience in global journalism projects. It has been publishing materials for over 20 years for the largest releases. In social activities he engaged in various projects and initiatives aimed at improving the quality of life of people, especially those of mediocre communities. He was besides active in the fight for human rights. Contact: kontakt@legaartis.pl
