The law, approved by the Senate, aims to protect victims of digital impersonation. Colombians affected by fraud will now be able to present their case to the financial entities with which they were compromised after the purchases or the credits activated by the fraudster and the entities must stop the collection if the veracity of the case is verified.
In the heart of the Colombian Congress, legislation was approved that aims to alleviate the nightmare of those who have been scammed or impersonated and whose names have been linked to financial responsibilities with periodic charges.
After realizing that he has been scammed, and contacting the bank to report or block his account, the user must inform the Prosecutor’s Office, within 20 business days, that he was the victim of a scam.
In our first year PASSED in its fourth and last debate our #LeyContraElFraudeDigital.
We will protect more than 40,000 Colombians who have been victims of fraud and digital impersonation, because if it is a scam, you do not pay.
I tell you how it will work 👇🏻 pic.twitter.com/3C757WSfsB
— Duvalier Congressman 🏛 (@DuvalierSanchez) June 7, 2023
In the process, it must be verified that there was an impersonation so that any collection or report in risk rating centers can be withdrawn.
If while the case is progressing, the financial entity discovers that it was not a fraud, the charges and the negative reports can return to the person, along with criminal consequences for the citizen who denounced.
According to Duvalier Sánchez, the pioneering law enforcement congressman who spoke to France 24, the pandemic and virtuality have increased the number of digital transactions that are made every day. He assures that computer crimes have also increased:
“Since 2020, digital fraud has grown by 409%. As of November 2021, more than 13,458 identity theft complaints were reported, this is an average of five virtual financial frauds per hour. Given this scenario, it was necessary to legislate in favor of Colombians, so that they feel supported and protected in the face of the indolence of the financial sector,” said the congressman.
According to the document released for public knowledge of this law, the step by step is as follows:
First, the person who is the victim of impersonation must inform the financial or credit institution or the telephone operator that they have been impersonated and are creditors of a financial obligation. The operator must inform the victim that they have 20 business days to file a formal complaint with the Prosecutor’s Office.
But, in the scenario in which the person does not make the complaint within the stipulated term, the entity may resume the collection, including interest on the debt.
“From the moment the collection is suspended, there will be two scenarios available according to the Prosecutor’s decision: the first, if it is verified that there was impersonation, the person is immediately exonerated and separated from any collection associated with the financial obligation and the report in the risk centers; the second, if it is verified that the act of impersonation did not exist, the collection and the report will be resumed in the risk centers ”, reads the document, which also explains that in the event of this second scenario, the complainant will face criminal liability for false reporting.
This initiative only requires conciliation in Congress and then presidential sanction to become law.