The operator TIM was ordered to pay $ 25,000 in moral damages to a customer who had WhatsApp cloned. When accessing the victim’s account, the attacker took advantage of the contacts to ask for money and the user resorted to justice for the operator to be convicted.
The judge responsible for the decision pointed out that the telephone company is part of the consumer chain and failed to correctly inspect fraud security procedures. TIM, on the other hand, defended itself and stated that it does not have access to the accounts of the messaging application, which requires confirmation via SMS from the owners to be installed.
The first-degree court had previously stated that there was no failure in the company’s services, since the fraud occurred by third parties. So he dismissed the request as unfounded. Shortly thereafter, the plaintiff filed an appeal, which was accepted by another magistrate.
The reporting judge, Alexandre Malfatti, said in his decision that the operator benefited directly from the partnership established with WhatsApp. The magistrate also stated that TIM has “insufficient control (…) over the security procedures related to the use of its service, characterizing a disregard for the consumer”. In view of the decision, the company will have to pay compensation for emerging damages in the amount of R $ 10,000 and for moral damages in $ 15,000.
Last year, operators Vivo and Claro were also sued for cloning WhatsApp.