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Could the recent ruling change the situation for fraud victims? Here’s why banks will be watching this closely

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In Australia, fraud victims foot the bill for the overwhelming majority of cash lost to fraud every year.

2023 review by the Australian Securities and Investments Commission (ASIC) found that banks detected and stopped only a small proportion of frauds. The total amount paid by banks in compensation pales compared to their total losses.

So it was a robust statement this week when it was revealed that it had been made by the Australian Financial Conduct Authority (AFCA). ordered bank – HSBC – to compensate a customer who lost greater than $47,000 to a complicated bank impersonation or spoofing scam.

This decision was significant. The AFCA decision is binding on the relevant bank or other financial institution that holds it no direct right of appeal. This may have an effect on the way similar cases are treated in the future.

The ruling comes amid a broader push for sector-wide reforms that will allow banks to be more accountable detectiondeterring and responding to fraud, fairly than simply telling customers to be “more careful.”

Here’s what it’s good to learn about this landmark ruling and what it could mean for consumers.



A highly sophisticated spoofing scam.

You may be accustomed to push payment scams, which trick victims into depositing money right into a fake account. These include “Mom, I lost my phone” fraud and others romance fraud.

The a recent case concerned an equally damaging ‘bank spoofing’ or ‘counterfeiting’ scam. The complainant – referred to as ‘Mr T’ – was duped into allowing the fraudster access to his HSBC account from which the unauthorized payment was made.

The victim was tricked into providing passwords to access his online checking account.
tsingha25/Shutterstock

The scammer sent Mr. T a text message, purporting to ask him to research an attempted Amazon transaction.

While trying to reply to a (fake) unauthorized purchase on Amazon, Mr. T revealed security codes to the fraudster, allowing him to transfer $47,178.54 from his account and disappear with it.

The proven fact that Mr. T. was coping with fraudsters was not obvious – the fraudsters had details about him that might reasonably be expected to be known only to the bank, e.g. his bank username.

Moreover, the fraudulent text message appeared in a thread of other legitimate text messages that had previously been sent by the real HSBC.

AFCA decision

HSBC argued to AFCA that under Art E-payment codea voluntary code of conduct administered by ASIC.

Under this code, the bank is just not obliged to compensate the customer for an unauthorized payment if the customer has disclosed his password. The bank argued that the complainant had voluntarily disclosed these codes to the fraudster, which meant the bank didn’t must pay.

AFCA disagreed. He noted that the deception worked by making a sense of urgency and crisis. AFCA found that the complainant had been manipulated into revealing the access codes and had not acted voluntarily.

AFCA awarded damages covering the overwhelming majority of the disputed transaction amount, lost interest accrued on the home loan account, and $5,000 to cover Mr. T’s legal costs.

He also ordered the bank to pay $1,000 in damages for poor customer support in handling the matter, including delays in communication.

HSBC logo on the outside of the building
HSBC argued that the complainant had voluntarily handed over his access codes, but AFCA disagreed.
Mick Tsikas/AAP

Other cases may be more complex

In this case, the determination was relatively easy. It found that Mr T had not voluntarily disclosed his account information and was due to this fact not excluded from receiving compensation under the Electronic Payments Code.

However, many payment frauds fall outside the scope of the Electronic Payments Code because they involve the customer sending money on to the fraudster (versus the fraudster getting access to the customer’s account). This means there isn’t a code for direct compensation.

Nevertheless, AFCA’s jurisdiction is broader than the mere application of the Code. When considering compensation for losses arising from fraud, AFCA must consider what’s “fair in all the circumstances.” This means taking into consideration:

  • legal principles
  • applicable industry codes
  • good industry practice
  • previous AFCA decisions.

Relevant aspects may include whether the bank has been proactive in responding to known fraud, in addition to the challenges individual customers face in identifying fraud.

Wider reforms are underway

At the heart of AFCA’s findings is the recognition that it might increasingly be nearly inconceivable for customers to detect sophisticated fraud, which can mean they should not acting voluntarily when making payments to fraudsters.

Similar reasoning has been utilized in quite a lot of recent reform initiatives that place greater responsibility for detecting and responding to fraud on banks fairly than on their customers.

In 2023, the Australian banking sector committed to introducing a brand new “Fraud-safe agreement“. This means a commitment to implement latest customer protection measures, including recipient service confirmation, delays for latest payments and biometric identity checks for latest accounts.

Phone screen showing icons of various social media apps.
Tech platforms – including social media giants – would must take more energetic steps against fraud under the proposed latest rules.
Primakowa/Shutterstock

The changes on the horizon may be more ambitious and significant.

Proposed Fraud prevention framework the laws would require Australian banks, telecommunications corporations and digital platforms take reasonable steps to forestall, detect, report, disrupt and reply to fraud.

It would also include a compulsory external dispute resolution process, comparable to under AFCA, for consumers in search of compensation in the event of failure to comply with any of those institutions.

Fighting fraud is just not just an Australian problem. Newly introduced in the UK rules require paying and receiving banks to compensate customers for losses resulting from fraud as much as £85,000 (S$165,136), unless the customer is grossly negligent.

This article was originally published on : theconversation.com
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Business and Finance

David Shands and Donni Wiggins host the “My First Million” conference at ATL

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December is the birth month of David Shands and Donnie Wiggins, friends and business partners. Most people have fun by throwing a celebration. Others imagine it must be catered for. The chosen ones spend the day relaxing in peace and quiet.

Then there’s Shands and Wiggins.

The two decided that the best birthday gift can be to offer individuals with resources for generational wealth through a conference called “My first million”in Atlanta.

It’s a compromise between how their families and family members need to honor them and their desire to proceed to serve others. Shands acknowledges that almost all people won’t understand, and he unapologetically doesn’t expect them to.

“It’s not up to us to convince anyone why we do what we do,” admits Shands.

“I think everyone does what they do for different reasons, and I would just attribute it to a sense of accomplishment that I can’t explain to anyone else.”

He doesn’t need to clarify this to Wiggins because she understands his feelings. Wiggins has had a passion for serving others for so long as she will be able to remember.

“When I was in middle school, there were child sponsorship ads on TV featuring children from third world countries. I was earning money at the time and I asked my mother to send money,” she says BLACK ENTERPRISES.

She recalls how sad she felt for youngsters living in a world with so many opportunities, but at the same time going hungry. Her mother allowed her to send money, and in return she received letters informing her of their progress.

“It was very real to me,” Wiggins says, now admitting she’s undecided the letters were authentic. “I received a letter from the child I sponsored, a photograph and some updates throughout the 12 months. It was such a sense of being overwhelmed and it was something I felt so good about. I didn’t even tell my friends I used to be doing it.”

She carried this sense throughout her life, even when she lost every little thing, including her house, cars, and money. She still found ways to serve and give back, which is the basis of her friendship with Shands.

They each love seeing people at the peak of their potential, and that is what “My First Million” is all about. There can be no higher birthday gift for them than helping others create generational wealth.

What to expect during the “My First Million” conference.

They each built successful seven-figure empires, then train others, write books about it, and launch an acclaimed podcast Social proof.

Now they’re imparting that knowledge through the My First Million conference, an event for aspiring and existing entrepreneurs. Shands and Wiggins need to prove that being profitable is feasible and encourage people to bet on themselves.

“David and I, on paper, are not two people who should have made millions of dollars. Number one, we want (people) to see it,” Wiggins says. “Then we want them to actually get out of that room with practical and actionable steps.”

Both are clear: this just isn’t a motivational conference. This is a conference where people, irrespective of where they’re of their journey, will come away with clarity about their business and what they must be doing as CEOs. Shands and Wiggins want individuals who do not have a transparent marketing strategy or are considering starting a business to also attend the meeting.

“A few areas we will cover are inspiration, information, plan and partnership,” adds Shands. “We will give you 1-2-3 steps because some people get depressed and uninspired. Even if they know what to do, they won’t leave, go home and do it. So we have to really put something into their heads and hearts that they come away with.”

Sign up and enroll for My First Million Here. The conference will happen on December 13 this 12 months. but Shands and Wiggins say it definitely won’t be the last for those who miss it.


This article was originally published on : www.blackenterprise.com
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Business and Finance

Operation HOPE on the occasion of the 10th annual world forum

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Operation HOPE Inc. takes over Atlanta for the biggest game in the country dedicated to financial literacy and economic empowerment, Saporta reports.

The HOPE Global Forums (HGF) Annual Meeting 2024 strengthens the crucial link between financial education, innovation and community upliftment in hopes of finding solutions to the problems that stifle challenges around the world.

Organized by Operation HOPE founder John Hope Bryant, together with co-chairs Atlanta Mayor Andre Dickens and U.S. Ambassador Andrew Young, the forums, to be held December Sep 11 at the Signia Hotel, will have fun its 10th anniversary with three days of engagement discussions, observations and forward-looking presentations.

Under the theme “The Future,” Hope Bryant says attendees are looking forward to a “powerful moment in history.”

“Over the past decade, we’ve brought together great minds with daring ideas, servant leaders with voices for change, and other people committed to a brand new vision of the world as we realize it. “‘The Future’ is a clear call to action for leaders to help ensure prosperity in every corner of society,” he said.

The extensive program includes influential and well-known speakers who address business, philanthropy, government and civil society. Confirmed speakers include White House correspondent Francesca Chambers, media specialist Van Jones and BET Media Group president and CEO Scott M. Mills.

“John Hope Bryant and his team have been doing this for ten years, and every year HGF raises the bar,” Young said. “Discussions about the FUTURE are important not only for civil dialogue; they are also essential to bridging the economic divide and solving some of today’s most important problems.”

Atlanta is predicted to welcome greater than 5,200 delegates representing greater than 40 countries.

“I have long said that Atlanta is a group project, and through our partnership with HOPE Global Forums, we are inviting the world to join the conversation,” Dickens mentioned. “From home ownership and entrepreneurship to youth engagement and financial education, HGF will offer bold and innovative ideas to ensure a bright future for all.”

It coincided with the organization’s annual meeting launched one other path to enhance financial knowledge with HOPE scholarships. With three tiers of scholarships – HOPE Lite, HOPE Classic and HOPE Silver – clients could have access to free financial coaching and academic resources.


This article was originally published on : www.blackenterprise.com
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Business and Finance

New Orleans’ black business district is marked by history

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New Orleans, Black Business Disctrict


New Orleans has given a historic monument to a Black business district closed for interstate construction.

The marker was a project fulfilled by in response to the initiative of Plessy and Ferguson. Founded by descendants of men involved within the Plessy v. Ferguson case that legalized segregation within the United States, the organization worked with other community groups to put a marker under the Claiborne Viaduct.

Before the upheaval, Black New Orleanians could find stores owned by other members of their community on Claiborne Avenue. Racial discrimination originally limited the power to buy on the famous Canal Street. Given this, blacks as an alternative flocked to the realm to purchase every little thing from groceries to funeral arrangements.

This mall was home to many Black-owned businesses, and emerging and established entrepreneurs had arrange shop for generations. Consisting of pharmacies, theaters, studios and more, it helped maintain a vibrant black culture in the realm. It reigned because the most important street of Black New Orleans from the 1830s to the Seventies.

The street once featured a picturesque cover of oak trees surrounding bustling businesses. However, its decline began with the expansion of roads within the southern state. The first casualty was the oak trees that were cut all the way down to make way for the development of Interstate 10, and shortly thereafter, the district’s thriving entrepreneurs suffered an identical fate.

Many residents do not forget that they didn’t know in regards to the upcoming investment until the trees began falling. Raynard Sanders, a historian and executive director of the Claiborne Avenue History Project, remembered the “devastation” felt by the community.

“It was devastation for those of us who were here,” Sanders told the news outlet. “I was walking to school and they were cutting down oak trees. We had no warning.”

Despite its eventual decline, the district stays an integral a part of Black New Orleans entrepreneurship. Now the town will physically resemble a historic center where Black business owners could thrive. They celebrated the revealing of the statue in true New Orleans style with a second line that danced down Claiborne Avenue.

“The significance of this sign is to commemorate the businesses, beautiful trees and beautiful people that thrived in this area before the bridge was built, and to save the people who still stand proud and gather under the bridge,” also said Keith Plessy, a descendant of Homer Plessy’ ego.

The growth of local black businesses continues. Patrons and owners alike hope to evoke the spirit of Claiborne’s original entrepreneurs, empowering the community.


This article was originally published on : www.blackenterprise.com
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