By Letara Draghia •
Published: 27 Nov 2024 • 12:29
• 3 minutes read
Falling victim to a financial scam is distressing and unfortunately increasingly common.
If you’ve lost significant amounts of money through fraudulent bank transfers to a scammer, this actionable guide explains your legal rights, and how to recover your money in Spain.
Immediate steps to take once you realise that you’ve been scammed
1. Contact your bank
Inform your bank immediately and the receiving bank as soon as you notice the fraudulent transfer. Legal expert Clara Carrera from AGM Abogados advises victims to report the scam in writing with all relevant details, including emails and evidence of the fraud. Acting promptly ensures banks cannot deny responsibility due to delays.
Report the incident to the National Police or Civil Guard, providing all the evidence collected, such as communications with the scammer and proof of the deception. Without identifying the perpetrator, courts may dismiss the case due to insufficient information.
Is it possible to recover your money after being scammed in Spain?
Recovering funds lost after being scammed in Spain depends on several factors:
Transfer cancellation: If the bank stops the transaction before it’s completed, recovery is possible.
Bank cooperation: In rare cases, the receiving bank may locate and reverse the transaction, though this often requires the scammer s consent.
Legal proceedings: If the fraudster is identified and convicted, they must compensate victims, covering the stolen amount, interest, and legal costs.
Cybersecurity expert Bartolomé Martín of Squire Patton Boggs stresses that in practise, funds are often withdrawn quickly, making recovery more challenging.
Does your bank have responsibility after you’ve been scammed?
While banks typically are not liable for scams involving incorrect IBAN entries, Spanish courts have begun ruling in favour of victims in certain cases. For example, Banco Sabadell was ordered to compensate a company €4,000 after a fraudulent transfer. Judicial rulings are increasingly prioritising consumer protection, and regulatory changes may soon follow.
If the scam involves a breach of the bank’s security, victims have grounds to claim damages directly from the bank. Should the bank refuse responsibility, victims can escalate the matter to the Bank of Spain or the courts. Additionally, breaches involving personal data exposure can be reported to the Spanish Data Protection Agency (AEPD).
What if you still owe money to your original recipient?
If the scam has stopped you from making a payment due to a creditor, you may still be required to settle the debt unless it’s proven you acted in good faith and were deceived despite exercising due diligence. Courts will examine evidence like changes in email addresses, logos, and communication patterns to determine liability.
Current scams circulating in Spain
Recent reports have highlighted scams that are circulating in Spain. A WhatsApp scam is currently doing the rounds. The Spanish National Police have issued an urgent warning to citizens across Spain after a surge in fraud cases.
The scam involves receiving a genuine WhatsApp verification code, followed by a message from someone posing as an acquaintance claiming they mistakenly registered your number and requesting the code, which, if shared, gives the scammer access to your WhatsApp account. Once scammers gain control of your WhatsApp account, they can lock you out by enabling two-step verification, making it difficult for you to regain access. Meanwhile, they use your account to impersonate you with AI, voice messaging your contacts to request money.
Another recent scam in Spain involves fake parking fines left on car windscreens. It tells the owner of the car to scan the QR code to see the fine. However, it is completely fake, and by scanning the code, you could be conned into paying a fake fine and having your phone hacked.
Preventing scams: The AEPD’s stance on digital awareness
The Spanish Data Protection Agency (AEPD) and the General Council of Psychology recently published an article, ‘There Are More Risks on the Internet Than in Real Life’, to address digital safety and addiction. Highlighting risks such as cyberbullying and identity theft, the campaign urges families to educate themselves about online risks, particularly when giving children internet-enabled devices.
The AEPD warns that platforms often employ techniques to prolong user engagement, increasing exposure to scams and personal data misuse. Protecting yourself from online fraud starts with vigilance and understanding these risks.
Remember: acting quickly and following proper procedures to report scams can make all the difference in recovering lost funds.
For further advice, consult a legal expert specialising in cybersecurity and fraud.
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Part-time writer, wife, and mother from the UK. Living an enjoyable life in southern Spain.
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