Australia's market regulator has initiated legal proceedings against the Australian branch of HSBC Holdings Plc, a prominent British lending institution, accusing it of neglecting to sufficiently shield customers from scams.
According to filings by the Australian Securities and Investments Commission (ASIC), HSBC Bank Australia Ltd., also known as HSBC Australia, is accused of inadequate protection, allowing customers to be defrauded of millions.
The regulator asserts that HSBC Australia lacked proper controls to prevent and identify unauthorized payments. Furthermore, the bank reportedly failed to meet its responsibilities to investigate reports of unauthorized transactions within the stipulated timeframes and to swiftly restore banking services to affected customers.
Reports of unauthorized transactions by HSBC Australia clients surged significantly from mid-2023, often following scammers impersonating HSBC Australia personnel to gain account access.
Between January 2020 and August 2024, HSBC received roughly 950 reports of unauthorized transactions, leading to consumer losses totaling approximately $23 million. Notably, nearly $16 million of these losses occurred within just six months, from October 2023 to March 2024.
ASIC's Deputy Chair, Sarah Court, stated, "Our allegations against HSBC Australia highlight their extensive and systemic failures to protect customers. We contend that from at least January 2023, HSBC Australia was aware of the risks linked to unauthorized transactions and acknowledged weaknesses in their fraud prevention measures. This negligence resulted in some customers losing upwards of $90,000."
Additionally, it is alleged that HSBC Australia exacerbated the issue by failing to adhere to the ePayments Code, taking an average of 145 days to investigate scam reports from customers.
Furthermore, HSBC Australia did not promptly restore full access to bank accounts for scammed customers, with an average delay of 95 days, and in one instance, a customer's full access was not reinstated for 542 days.
In its lawsuit, ASIC is seeking declarations of violations, financial penalties, adverse publicity orders, and costs.
The regulator also reported that, in 2023, Australians suffered $2.74 billion in losses due to scams.
This lawsuit coincides with the Australian Parliament's introduction of new legislation on November 7 to create a Scams Prevention Framework, which would impose obligations on entities in key sectors to prevent, detect, disrupt, report, and respond to scams. It also aims to establish effective governance mechanisms.
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