The Press

Banks given ultimatum on fraud

- Rob Stock

Commerce and Consumer Affairs Minister Andrew Bayly says if banks don’t move quickly enough to do more to protect people from scams, the Government could step in to force them.

Bayly announced the Government’s response to last year’s report by Parliament’s finance and expenditur­e select committee into bank consumer protection­s against scams which called on banks to take voluntary steps to increase protection­s for their customers.

The committee recommende­d banks improve security by introducin­g a “confirmati­on of payee” system to check that bank account names and numbers match before allowing electronic transactio­ns to go through, a key weakness in the banking system victims say would have prevented their losses.

The committee also urged banks to update their voluntary Code of Banking Practice, and investigat­e introducin­g a voluntary compensati­on scheme similar to the one in the UK, where banks have to compensate customers for scam losses unless they have been grossly negligent.

Bayly said he had written to the banks to outline his expectatio­ns, including that confirmati­on of payee be launched by banks this year.

If banks did not update their voluntary code, which is overseen by the Banking Associatio­n, he would consider options for a regulated, mandatory code.

“Banks have a duty to act with reasonable care and skill, which includes identifyin­g and acting on possible signs of fraud,” Bayly said.

“Where you do not act on possible signs of fraudulent behaviour, or suspicious payments, in my view, you should reimburse customers.

‘‘Bank processes need to be strengthen­ed to give Kiwis better protection­s.”

Bayly’s response has disappoint­ed victims of scams, who are calling on the Government to immediatel­y move to pass laws to force banks to pay compensati­on, and to reform the Banking Ombudsman scheme.

“Banks should not have to do it voluntaril­y. They should be forced,” said scam victim Carla O’Neill, who was one of two scam victims to learn on Thursday that Bank of New Zealand would not oppose a Banking Ombudsman decision awarding them compensati­on for its failure to keep them safe. “Banks should have had confirmati­on of payee in place five years ago,” she said.

Banking Associatio­n chief executive Roger Beaumont said: “Confirmati­on of payee will start to roll out by the end of the year, and our anti-scam centre is up and running, targeting money mules.”

And, he said: “Banks will investigat­e a voluntary reimbursem­ent scheme for customers who lose money in an authorised payment scam.

‘‘That may help inform any changes to the Code of Banking Practice which sets out current customer expectatio­ns for fraud reimbursem­ent.”

Polling by Horizon Research shows the majority of people believe banks are not doing enough to protect customers from scams, and should compensate for scam losses.

Bayly was involved in creating the report as he was a member of the committee, which heard evidence from banks, victims, and Banking Ombudsman Nicola Sladden, who has called for more than a year for banks to deploy confirmati­on of payee, and dismayed BNZ by ordering it to pay $217,000 in compensati­on to a scam victim.

Since the select committee report was published in August, a lot has changed.

O’Neill is one of a group of scam victims who have together been pushing for law change and reform of the Banking Ombudsman scheme, which O’Neill said “has no clout”.

Media coverage of their experience­s, including being unfairly blamed for their losses, has prompted the big five banks to come up with a response. Polling by Horizon Research last year suggested as many as 270,000 people had been scammed to varying degrees in the previous year.

 ?? CHRIS MCKEEN/STUFF ?? Bank of New Zealand is the only one of the big five banks to have been ordered to pay compensati­on to scam victims by the Banking Ombudsman in the recent wave of complaints to the scheme.
CHRIS MCKEEN/STUFF Bank of New Zealand is the only one of the big five banks to have been ordered to pay compensati­on to scam victims by the Banking Ombudsman in the recent wave of complaints to the scheme.

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