They Rejected the Lawsuit of a Major Argentine Bank Against Google
The bank demanded that Google stop showing in its results fraudulent pages in which user names and passwords are stolen.
The Federal Civil and Commercial Chamber dismissed the lawsuit filed by Banco Macro for an internet search engine to adopt measures that prevent the carrying out of scams through sites that “fraudulently” use its name.
The ruling, which was confirmed by the court of first instance, was issued by Chamber III of the Chamber, in the case initiated by Banco Macro S.A. against Google Argentina SRL, in which it also sought to block or suppress sites and advertisements.
The claims of Banco Macro
The entity claimed that Google was required to adopt measures to prevent crimes through Internet pages that fraudulently use “Macro” or “Banco Macro” in the face of “a wave of fraud committed” through sites that use its brand “to capture users and passwords” and then defraud their clients by “emptying their accounts or making them incur obligations.”
The plaintiff added that “criminals may use Google AdWords – a Google service that allows the publication of links in the first positions of the search results – to position fake sites, with an aesthetic identical to that of their official site.”
The bank affirmed that after it filed a criminal complaint because different clients were unaware of verified loans and transfers from their accounts, detecting dozens of operations with a multimillion-dollar loss in pesos and US dollars.
He also pointed out that “freedom of expression does not give Google the right to cause or facilitate damage or crimes or to evade the obligation to prevent damage.”
Why the court rejected Macro’s request
Chamber III of the Chamber assessed that the request to block sites similar to some that were suppressed and to refrain from contracting fraudulent advertisements, was made without prior individualization of the links, so that “it is not possible to provide that Google suppresses links without any type of requirement or warning verified by whoever alleges an injury to his reputation “or to his clients.
The second instance decision that rejected the “self-satisfactory measure” claimed by the bank, was signed by the chambermaids Fernando Uriarte and Ricardo Recondo.