Altered Account Access: Account now deemed active under new control
In a recent ruling by the Regional Court of Rostock, it was clarified that debtors are responsible for unpaid invoices even if funds were mistakenly transferred to fraudulent bank accounts. The case, AZ: 2 O 450/24, highlighted the importance of customers exercising their duty of care when dealing with financial matters, particularly when paying by electronic funds transfer (EFT).
In the case in question, cybercriminals intercepted emails containing invoice and banking details, altering them to fraudulent accounts. The buyer paid according to the altered details, but the court held that since the funds were not received by the legitimate seller's account, the debt was still owed.
The ruling emphasized the buyer’s duty to verify bank details before making payment, underscoring that payment only occurs upon receipt by the creditor. This principle protects sellers and reinforces the importance of verifying payment details independently.
The German Bar Association drew attention to the ruling, reminding consumers who agree to email-invoiced payments to exercise vigilance to avoid falling for fake invoices. Sending invoices via email is common, but it is not without risks. The case emphasized the potential risks associated with transferring funds based on emails that may contain fraudulent information.
The construction company involved in the case was not responsible for the mistake, as both parties had previously agreed to communication by email. However, the woman, the debtor in the case, is still required to settle the actual invoice.
The court's decision serves as a reminder for customers to be cautious when dealing with financial transactions via email. The woman could have noticed the manipulation in the second email due to its technical peculiarities, such as incorrect special characters and different bank details.
In conclusion, while it may be tempting to trust emails for financial transactions, it is crucial to verify the bank details independently to ensure the correct recipient is receiving the payment. This ruling underscores the importance of vigilance in the digital age to protect oneself from potential fraud and ensure financial obligations are met.
The ruling in case AZ: 2 O 450/24 highlights the need for buyers to verify bank details before transferring funds, as the responsibility of unpaid invoices falls on the debtor regardless of whether funds were mistakenly sent to a fraudulent account. To safeguard sellers and minimize the risk of fraud, it is essential to verify payment details independently, even when communicating via email for business transactions.
