Catastrophic fraud loss lies where it falls? Push payment scams and the bank’s duty of care to its customer

Abstract

PurposeThis paper aims to examine the legal redress available to a UK bank customer who has been the victim of a sophisticated push payment scam which made use of the bank’s customer facing payment portal.Design/methodology/approachA detailed study was done of the experience of a single UK bank customer who was the victim of a push payment scam in Autumn 2020. Her circumstances are typical of other customers who have been similarly scammed. Her rights of redress are explored in depth in relation to law and an industry code.FindingsThe industry code provides no reliable means of adjudication and redress. The common law of negligence has not adapted to the technological shift in bank payment methods currently used by customers. The duty of care is inadequate in safeguarding customer interests in relation to payment instructions to banks. Customers are bearing the loss associated with inadequate bank transaction analytics.Originality/valueThis research casts a unique light on the unbalanced relationship now existing between the bank and its customer in relation to the execution of remote payment instructions.