A second instance decision by the 36th Private Law Chamber of the São Paulo Court of Justice ordered Vivo and Facebook to compensate a customer who had the line cloned and who had been the victim of an applied loan application scam by WhatsApp. The companies have to bear material damage of R $ 1,450 and moral damage of R $ 5,000.
The coup d’état was implemented in September 2019. Justice considered that the flaw in the security of the service provided by Facebook and Vivo was proven, and determined the regularization of the mobile line and access to WhatsApp.
Facebook blames the crime for Vivo for authorizing the cloning of the chip. Additionally, the company claims that it has no consumer relationship with the author and that there is no evidence of failure to provide the service.
Vivo alleges victim’s guilt for not using antivirus
In her defense, Vivo asserted that the author of the lawsuit has not proven the cloning of the Justice Line and that the victim is solely responsible for the misuse of the cell phone and the non-use of antivirus.
The judiciary considered that the consumer is “technically underqualified in the legal relationship”, that is to say that he does not have the technical conditions to prove what has happened. The author of the process gathered impressions with messages sent by the fraudster, which is enough for justice.
The rapporteur of the process, Pedro Baccarat, considers that Vivo has the responsibility of integrating a chain of solidarity consumption, since consumption begins with the subcontracting of a telephone line for later use on WhatsApp. The magistrate says the two companies should be held responsible for damage to the consumer.
With information: TJ-SP.