Facebook Brazil Will Indemnify The User Who had WhatsApp Cloned

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Facebook do Brasil was ordered to compensate a user for the delay in blocking her cloned WhatsApp account. The judges of the 2nd Appeal Panel of the Special Courts of the Federal District partially confirmed the decision of the first instance, and acknowledged that the defendant company acted negligently (negligence) when complying with the blocking request.

In the case file, the plaintiff explains that she was a victim of the “WhatsApp scam”, in which criminals hijack the messenger’s account. Upon realizing, in the morning, what had happened, she immediately requested the blocking of the account, as well as asked the operator Tim to block her chip.

According to the user, the delay in making the blocks allowed the application of scams, which is why she filed a lawsuit against both companies in the 1st Special Civil Court of Águas Claras (DF). At the time, the judge sentenced Facebook and Tim, jointly and severally, to pay compensation for moral damages to the victim.

How did Facebook act?

Facebook immediately appealed the sentence, claiming that there was no failure whatsoever, as the company makes security procedures available to its users. Tim, in turn, stated that carrying out the fraud itself had nothing to do with providing the mobile phone service.

Analyzing the appeals, the judges of the 2nd Appeal Panel of the Federal District dismissed Tim’s responsibility, but unanimously condemned Facebook, stating that it was the delay in blocking the application that allowed the continuity of the coup, which resulted in a failure in the provision of the service.

Citing the Consumer Defense Code, the magistrates also pointed out that the weakness of the company’s security “allowed the action of a third party that used the application linked to the telephone number of the plaintiff to send false messages”.

Thus, Facebook must pay the user the amount of R$ 1.5 thousand as moral damages.

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