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Responsibility of the Telephone Operator for Cloning WhatsApp

With technological practicality, the use of smartphones for the most varied functions has become common. Among the harms, we have recurring scams, such as the cloning of WhatsApp.

In this scam the person has his 'chip' cloned after the misuse of third parties, at which time the WhatsApp app is mirrored and amounts of money are requested from the victim's contacts.

The well-known Judiciary has concluded that a possession of a phone line activating chip is capable of transferring personal data through messaging applications to the cell phone it is inserted in, either by downloading data stored on the network, or receiving messages forwarded to that line.

In this scenario, there is a fault with the telephone operator that allows fraudsters to access their customer's line, with the sending of false messages to their contacts. In addition, the company has access to transactions carried out on the telephone line at the appropriate date and time, including disabling and enabling another.

For these reasons, the Judiciary has the understanding that the operators must ensure the proper functioning of the services, adopting all appropriate measures to prevent failures and harmful conduct to the consumer, being, therefore, liable for the improper use of the telephone line. consumer.

Recommendation: In the event of blows of this type, it is appropriate for the victim to bring an action for damages against the Telephone Operator, seeking to recover the material and moral damage suffered.


By: Flávio de Mello Almada Ferreira

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