By Xisto & Santos in 02/08/2022
Granted Early Guardianship to determine Financial Institution that refrains from rpayment of debt collection, by e-mail or any other means, on behalf of any person other than the account holder itself:

Client of the office was surprised by the sending, by financial institution of which he is account holder, of collection notices and attempts to negotiate his family, by electronic message with an address clearly different from that registered in the system, in clear violation of the duty of bank secrecy, offending the constitutional guarantee to intimacy.

The emails sent had a link whose mere clicking allowed access to the client's current account data, as well as the amounts that the bank understood as due.

The guardianship was granted by the MM. Judgment of the 2nd Civil Court of the District of Santos - SP, determining the bank to refrain from making any charge on behalf of anyone other than the account holder herself, under penalty of a daily fine of R$ 2,000.00. Appeal is appealed (case no. 1017635-71.2022.8.26.0562).

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