Bank Fraud and Phishing Lawyers in Almería
PEÑAFIEL ABOGADOS
Over 25 years of experience
- We claim back the money stolen from your bank account..
- Bank fraud involving cards, Bizum or bank transfers.
- Criminal complaints and private prosecution for online fraud.
- Loans and cards taken out in your name..
- Identity theft..
- Book an IN-PERSON OR VIDEO CALL APPOINTMENT
- A local firm with a personal approach.
Services available in English and Spanish. - We also serve clients in Roquetas de Mar and El Ejido.
Has your account been emptied after a text, call or email that seemed to come from your bank? Is your bank blaming you and refusing to refund your money?
At Peñafiel Abogados we are bank fraud lawyers based in Almería, and for more than 25 years we have represented our clients before the courts of the province. We help you claim back from your bank the money lost through phishing, vishing, smishing or any other type of bank fraud, and we take legal action against those who scammed you.
Our team serves clients in Almería City, Roquetas de Mar and El Ejido, and offers full legal support in all matters of criminal law.
Specialist bank fraud and phishing lawyers in Almería
Every week, in Almería and the surrounding area, we see people who have lost their savings in a matter of minutes: a transfer they never made, a Bizum payment to a stranger, unknown card charges or a pre-approved loan taken out in their name. Almost all of them get the same answer from their bank: “the transaction was authorised with your credentials”.
That answer is not the end of the matter. Under Spanish payment services law, banks must refund unauthorised transactions unless they can prove that the customer acted fraudulently or with gross negligence. The Spanish Supreme Court has confirmed that the burden of proof lies with the bank, not with you. Our job is to prove it and get your money back.
Your law firm in Almería
Over 25 years of experience
Our team of lawyers is ready to help you. Call us with no obligation!
CJEU ruling of 15 October 2026: your bank must refund you first
The Court of Justice of the European Union (CJEU) has strengthened the position of phishing victims. In its judgment of 15 October 2026 (Case C-70/25), the case of a consumer who entered her login details on a website imitating her bank, the Court held that banks must refund unauthorised transactions immediately, and in any event no later than the end of the following business day after being notified, even if they consider that the customer acted with gross negligence.
What this means for you:
- Your bank can no longer refuse or delay the refund on the grounds that you were negligent.
- It may only withhold the refund if it has reasonable grounds to suspect that you yourself committed the fraud, and it must report this in writing to the relevant authority.
- Refund first, dispute later. If the bank believes there was gross negligence, it is the bank that must prove it in order to try to recover the money.
The judgment interprets Article 73 of the EU Payment Services Directive (PSD2), which is transposed into Spanish law by Article 45 of Royal Decree-Law 19/2018. It applies to unauthorised transactions, meaning those carried out by fraudsters using your details. If you made the transfer yourself after being deceived, your case will need a specific assessment.
At Peñafiel Abogados we apply this case law in every claim we handle. If your bank has turned down your refund on grounds of gross negligence, have your case reviewed as soon as possible.
Have you been the victim of any of these scams?
However you were deceived, if the money left your account without your genuine consent, there are grounds for a claim. We always meet our clients’ high expectations: we answer your questions in a close, approachable way and give you comprehensive, specialist and tailored advice. Our clients choose us because we are experienced, approachable and effective.
Email phishing
Emails that imitate your bank, the Spanish Tax Agency, the DGT (Spain’s traffic authority) or a courier company, and lead you to a fake website where you enter your login details. The fake site copies your bank’s logos, colours and even its login process, so it is virtually impossible to tell apart. As soon as you enter your username, password or the code sent to your phone, the fraudsters access your online banking and move your money within minutes.
At Peñafiel Abogados we analyse the email, the fake domain and the time of each transaction, and we demand that the bank provide the authentication records it is legally required to produce. The very fact that the website was an identical copy of the real one shows that you were not negligent.
Smishing: fake texts from your bank
Text messages that slip into the same SMS thread as your bank’s genuine messages, warning of “suspicious activity” or an “account block” and including a link to “verify” your details. Fraudsters spoof the sender name so that the message appears right below your bank’s authentic texts. That is why you trust it: the alert arrives through the same channel your bank uses to send you verification codes.
A screenshot of that thread, showing the genuine messages next to the fake one, is one of the strongest pieces of evidence in a claim. At Peñafiel Abogados we use it to show that the scam was undetectable and that the bank failed to trigger its alert systems despite transactions that were unusual for your account.
Vishing: calls from a fake security department
You receive a call from a number that shows up as your bank’s. The caller knows your details and asks you to read out a code or to “move your money to a safe account”. These calls are usually urgent: “someone is trying to take money from your account”, “we need to block a transaction”. Under that pressure, and seeing the bank’s official number on screen, anyone would give a code or follow the instructions.
In these cases we examine whether the bank should have detected and stopped the transfers: unusual amounts, new payees, several transactions in a row. We bring a claim against the bank and file a criminal complaint so that the accounts that received the money can be traced.
Bizum and instant transfer fraud
Payment requests disguised as refunds or second-hand sales on apps such as Wallapop, Vinted or the “Hi Mum, I’ve got a new phone” message on WhatsApp. Bizum, Spain’s instant mobile payment service, works in seconds, and fraudsters take advantage of that. They send you a “payment request” while making you believe you are about to receive money, or pose as a relative in urgent need. By the time you realise, the money has gone.
Speed is essential here. At Peñafiel Abogados we file a criminal complaint with the recipient’s phone number and account details so that the funds can be frozen, and we assess whether a claim against the bank is possible depending on how the transaction took place.
Unrecognised card charges and loans in your name
Purchases you never made, virtual cards created without your permission or loans taken out in seconds through your banking app. Sometimes the fraud does not come to light until days later: a charge you do not recognise on your statement, a virtual card you never requested, or a letter from your bank demanding repayments on a loan you never signed.
If you did not give your consent, the bank must refund the charges and cannot hold you liable for a loan taken out by someone else. At Peñafiel Abogados we claim the refund, request the cancellation of the loan, and prevent you from being added to credit default registers (such as ASNEF) for a debt that is not yours.
SIM swapping and duplicate SIM cards
Fraudsters obtain a duplicate of your SIM, receive your verification codes and access your online banking. The warning sign is clear: your phone suddenly loses signal and, shortly afterwards, transactions you did not make appear on your account. Someone has obtained a duplicate SIM in a shop or over the phone by impersonating you.
In these cases, liability may extend both to the bank and to the mobile operator that issued the duplicate without properly verifying your identity. At Peñafiel Abogados we bring claims against both so that you recover everything that was taken from you.
Frequently asked questions about bank fraud and phishing
How long do I have to make a claim for bank fraud?
You must notify your bank without undue delay as soon as you become aware of it. The maximum legal time limit is 13 months from the date of the debit (Article 43 of Royal Decree-Law 19/2018). The sooner you act, the easier it is to stop or recover the transfers.
Can I still make a claim if I gave out my login details or a code myself?
Yes. According to the Spanish Supreme Court, the fact that a transaction was carried out with your credentials does not, on its own, prove that you consented to it or that you were negligent. The burden of proving this lies with the bank.
What can I do if my bank rejects my claim?
You can file a complaint with the Bank of Spain’s Complaints Service (Servicio de Reclamaciones del Banco de España), although its report is not binding, or you can take your bank to court directly. We will advise you on the quickest route for your case.
Can I recover money sent via Bizum or an instant transfer?
It depends on how it happened. If the fraudsters made the transaction without your genuine consent, it is treated as unauthorised. If you made it yourself after being deceived, the main route is usually criminal proceedings and a claim against the recipient accounts.
Do I have to report the fraud to the police?
It is highly advisable. A police report provides evidence of the deception, allows the recipient accounts to be investigated, and is often one of the documents your bank will ask for.
What should I do if I am summoned as a suspect for receiving money from a scam?
Do not give a statement without a lawyer. You are entitled to legal assistance from the very first summons, and it is crucial to show that you did not know where the money came from.
Is my bank required to refund my money if I have been the victim of phishing?
Yes, unless it can prove that you acted fraudulently or with gross negligence. Spanish payment services law limits your liability to €50 and requires the bank to refund the unauthorised amount no later than the end of the business day following your notification. According to the Court of Justice of the European Union (judgment of 15 October 2026), the bank must do so even if it alleges gross negligence.
Discover our other legal services in Almería and the surrounding area
Civil Law
Our expert civil lawyers can help you with matters such as breach of contract, contracts, unpaid debts, evictions, insurance policies, jointly owned property (comunidades de bienes), leases and tenancies, interim measures, and asset and estate management.
Family Law
Our team of specialist family lawyers handles matters such as inheritance, contested divorce, annulment, child and spousal maintenance, parental responsibility (custody and contact), maintenance between relatives, paternity, prenuptial and marital agreements, unmarried and registered partnerships (parejas de hecho), and asset management for married and unmarried couples.
Irrigation Communities and Water Law
As the only law firm in the province of Almería specialising in water law, we can advise you on obtaining permits, bringing claims and advising irrigation communities (comunidades de regantes) on all water law matters.
Managing water resources efficiently is essential in many sectors. Our lawyers have successfully handled cases involving irrigation rights and aquifers throughout Spain.
Property Law
Purchase and sale of property and rural land, communities of owners (comunidades de propietarios), and the legal regime for shared buildings (propiedad horizontal).
Personal Injury and Damages
Compensation claims for damage to property and for personal injury of all kinds. Civil liability claims for damages.
Road Traffic Accidents
We are experts in resolving road traffic accidents and their consequences, including civil liability claims for damage to property and personal injury. With an expert team protecting your interests, the consequences of an accident will be properly resolved.
Administrative Law
Administrative Law is one of the areas where specialist legal help matters most. Although it affects everyday life, its complexity makes it very difficult for individuals to deal with the authorities on their own. We handle fines and penalties, licences, environmental matters, building works, applications and formal requests from the authorities, and immigration and residency matters (extranjería).
Commercial and Company Law
Our commercial law team can meet all your company’s needs: from incorporation, where we advise you on the type of company that best suits you, to day-to-day operations and, when the time comes, liquidation. Our experience in commercial contracts and shareholders’ agreements speaks for itself.