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ASIC Sues HSBC Over Alleged Fraud Controls Failures

ASIC Sues HSBC Over Alleged Fraud Controls Failures

by Starling Insights

Starling Insights Editorial Board

Dec 19, 2024

Observations

The Australian Securities and Investments Commission (ASIC) is suing HSBC Australia for alleged "widespread and systemic" failures to protect customers who were scammed out of millions of dollars.

ASIC claims that HSBC failed to have adequate controls to prevent and detect unauthorized payments and failed to comply with its obligations to investigate and rectify customer reports of unauthorized transactions in a timely manner. Between January 2020 and August 2024, HSBC received 950 reports of such fraud, which resulted in about $23 million in total customer losses.

"We allege that from at least January 2023, HSBC Australia was aware of the risks of unauthorised transactions occurring and that there were gaps in their fraud controls," said ASIC Deputy Chair Sarah Court. “This resulted in some customers getting scammed out of $90,000 or more.”

Court emphasized the role of banks in fighting the proliferation of frauds and scams. "We know scammers are constantly looking for new ways to exploit people," she said. "All banks need to pull their weight in the fight against scams. We will not hesitate to take court action where we consider banks fail to comply with their obligations to protect their customers."

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