Liability of Banks and Platforms in Digital Fraud

Legal Liability in Digital Fraud

Under the Bolivian legal framework, the person who carries out the deception is the primary liable party. Criminal rules punish conduct aimed at obtaining an unlawful benefit through deceit or fraudulent means, which makes it possible to initiate a criminal investigation.

However, in practice, the offender is often not immediately identified, may use false information, or may lack assets to respond. This leads to an analysis of the potential liability of third parties involved in the transaction.

When Can a Bank Be Held Liable?

Financial institutions in Bolivia have duties of security, diligence, and user protection arising from the Political Constitution of the State, which recognizes the rights of consumers and users, as well as from financial regulations supervised by the Financial System Supervisory Authority (ASFI).

Situations in Which Liability May Arise

A bank may be held liable if the following can be proven:

• Lack of adequate controls in electronic transactions.
• Failure to detect unusual or suspicious transactions.
• Inaction in the face of timely fraud reports.
• Deficiencies in its digital security systems.

For example, if an account receives multiple transfers from different victims in a short period of time and the bank does not activate alerts or blocking measures, a relevant omission may be established.

Cases in Which the Bank Is Not Liable

Not every scam gives rise to bank liability. Generally, there is no duty to compensate when:

• The user voluntarily makes the transfer.
• There are no failures in the bank’s system.
• The fraud was not reported immediately.

A key legal issue here is the distinction between the user’s conduct and a possible failure within the financial system.

Platform Liability in Digital Fraud

Platforms such as Facebook Marketplace, owned by Meta Platforms, perform a technological intermediation role. They do not directly participate in the payment or delivery of the product.

General Framework

Generally speaking:

• They do not thoroughly verify sellers.
• They do not guarantee the security of payments made outside the platform.
• They do not intervene in the execution of the transaction.

For that reason, their liability is usually limited.

Exceptional Situations

Nevertheless, liability may be examined in cases involving:

• Tolerance of repeated fraudulent profiles.
• Failure to respond to multiple complaints.
• Permissiveness toward clearly deceptive schemes.

This is an evolving legal field that combines principles of civil liability, consumer protection, and digital regulation.

How to Bring a Claim Against Third Parties in a Digital Scam

For a viable claim to exist against banks or platforms, certain legal elements must be present:

Negligence

Lack of due care in the provision of the service.

Omission

Failure to act in response to alerts or complaints.

System Failures

Technical deficiencies that facilitate the fraud.

These criteria are aligned with principles recognized in the Constitution and in international treaties such as the American Convention on Human Rights, which protects the right to property and access to justice.

Is It Possible to Recover the Money From the Bank?

In Bolivia, recovering money through the bank is not automatic, but it may be attempted through:

• Administrative claims before the financial institution.
• Complaints before ASFI.
• Judicial actions based on civil liability.

These are complex proceedings that require clearly proving negligence or institutional failure.

Comprehensive Legal Strategy in Digital Fraud Cases

In many cases, limiting the action only to the fraudster reduces the chances of success. A more effective strategy includes identifying the perpetrator, evaluating the bank’s conduct, and analyzing the involvement of third parties. This makes it possible to broaden the scope of liability and improve the chances of financial recovery.

Common Mistakes When Claiming a Digital Fraud

Some common mistakes that affect the success of the claim include:

• Assuming that the bank must always respond.
• Failing to report the fraud immediately.
• Failing to preserve evidence of the transaction.
• Failing to assess the possible liability of third parties.

In summary, in digital fraud cases, the person committing the deception is the principal liable party, but not necessarily the only one. There are situations in which financial institutions or digital intermediaries may be included in legal action, especially when negligence, omission, or system failures can be shown.