Banking Law

Whether it’s a loan, a fraud, or a seizure, banking law often enters our lives without warning. Through this blog, we help you better understand your rights when dealing with financial institutions, with clear, accessible articles grounded in the real disputes faced by individuals and professionals alike.

Fraudulent Transfers: Without Proof of Strong Authentication, the Bank Must Reimburse (CA Paris, 24 September 2025, No. 23/12487)

Nine transfers, €13,210, four unknown beneficiaries in a single week: a BRED customer finds herself stripped of her money after clicking on a fake “BREDSecure” ...

Fake Bank Adviser Scam: The Bank Must Prove Use of the Code, Not Infer It (CA Paris, 26 June 2025, No. 23/16429)

A couple sees €7,597.99 disappear from their account within a few days, after a particularly elaborate fake bank adviser scam: a phishing text message, a ...

Unauthorised Transfer: It Is for the Bank to Prove, Not the Customer (Paris Court for Economic Activities, 1 April 2025, No. 2023067456)

A transfer of €14,901 leaves for an account in Italy, the company had nothing to do with it, and the bank refuses to reimburse, citing ...

Fake Bank Adviser Fraud: Without Proof of Strong Authentication, the Bank Must Reimburse (Paris Commercial Court, 13 June 2025, No. J2025000378)

A company has nearly €20,000 debited after a call from a fake “bank agent” who gets it to hand over a code received by SMS. ...

Bank Fraud: Banks’ AI as an Argument for Getting Reimbursed (RTS, PSD2, Cass. com., 4 March 2026, No. 24-19.588)

For the past eighteen months, banks and their advisers have been repeating the same promise: thanks to artificial intelligence, they now detect fraud “in real ...

Over-Indebtedness in a Couple: Good Faith Must Be Assessed for Each Spouse (Cass. 2e civ., 21 May 2026, No. 23-20.970)

When a couple files for over-indebtedness relief, can the judge refuse the benefit of the procedure to both spouses by looking only at the conduct ...

Handwritten Note in a Guarantee: The Guarantor’s Fraud Deprives Them of Nullity (Cass. com., 6 May 2026, No. 25-14.501)

A guarantor who did not personally write the statutory handwritten note (mention manuscrite) accompanying his guarantee can, in principle, have it annulled. But what happens ...

Transfer Fraud: Paying Fake Bank Details Does Not Discharge the Debt (Cass. com., 17 June 2026, No. 24-13.306)

You pay an invoice into the bank account details your contact sent you by email: everything looks normal. Except that those details belong to a ...

Bank Fraud: What to Say (and Not to Say) to Your Bank and in Your Complaint

You have just discovered a transfer or a payment that you never authorised. Your first reflex is to tell everything: to your adviser, in a ...

Scam of the Child Who Lost or Broke Their Phone: The Bank Must Prove Strong Authentication Before Any Refusal to Reimburse (TJ Paris, 22 May 2026, No. 24/09224)

Victims of a “child who broke their phone” scam, two customers of a Paris bank have €10,805 debited in a single day, by card, for ...

Swiss Franc Loans: Unfair Terms Confirmed but Compensation Rejected (Cass. 1re civ., 25 March 2026, No. 24-12.848)

The French Supreme Court (Cour de cassation) continues its work of protecting borrowers trapped by Swiss franc mortgage loans. In a judgment handed down on ...

Fake Bank Adviser Spoofing: Bank Held Liable for Failing to Verify IBAN and Payee Name (TJ Vannes, 12 March 2026, No. 25/00524)

The Vannes Court of First Instance (tribunal judiciaire) has just handed down a decision that offers an interesting solution for victims of “fake bank adviser” ...