Tag: sue

By Jasper Hamill for The Metro 

WhatsApp has promised to take legal action against people or companies who break its rules – even if the ‘abuse’ took place on another platform. The messaging app has strict guidelines governing its own users’ behaviour and anyone who breaks the terms of service can already be hit by a ban.

But now the Facebook-owned company wants to take things a bit further by hauling users into court. And you don’t need to break the rules on WhatsApp itself to find yourself in trouble, because its enforcers will strike even they find ‘off platform-evidence of abuse’.

It wrote: ‘WhatsApp is committed to using the resources at its disposal – including legal action – to prevent abuse that violates our terms of service, such as automated or bulk messaging, or non-personal use. ‘This is why in addition to technological enforcement, we also take legal action against individuals or companies that we link to on-platform evidence of such abuse.

WhatsApp reserves its right to continue taking legal action in such circumstances.’

If you want to keep a WhatsApp account and not get sued, you might want to avoid using bots to send spam – which is known as automated or bulk messaging. The app has said that anyone who leaves off-platform evidence of abuse after December 7, 2019, will find themselves in its crosshairs.

WhatsApp added: ‘Beginning on December 7, 2019, WhatsApp will take legal action against those we determine are engaged in or assisting others in abuse that violates our Terms of Service, such as automated or bulk messaging, or non-personal use, even if that determination is based on information solely available to us off our platform.

‘For example, off-platform information includes public claims from companies about their ability to use WhatsApp in ways that violate our Terms. This serves as notice that we will take legal action against companies for which we only have off-platform evidence of abuse if that abuse continues beyond December 7, 2019, or if those companies are linked to on-platform evidence of abuse before that date.

‘We are committed to reinforcing the private nature of our platform and keeping users safe from abuse.’

SA’s big banks go to court

Unhappy banking clients have instituted legal action against the banking ombudsman and a number of South African banks due to the manner in which they handle Internet fraud cases, according to a report by the Rapport.

20 Absa and Standard Bank clients, who have each lost between R1 million and R2 million to Internet banking or SIM swap fraud, want the banks to be held accountable for fraudulent action.

The ombudsman meanwhile, will not open a case of fraud against a bank unless clients can prove that the bank’s acted negligently. If no negligence can be proven by the bank, it unfortunately means that the complainant is negligent.

In 2016, only 22% of cases of Internet fraud in South Africa was ruled in favour of the customer, while the remaining 940 cases of Internet banking-related complaints went in favour of the banks.

According to the report, the banks and the ombudsman argue that where a PIN or a password is fraudulently obtained, the client must be responsible as they are the only persons privy to that information.

However the 20 clients claim they never acted negligently nor did they give out personal information that could have compromised their accounts. They also argued that they have no way of proving a breach took place through the banks or via a cellular provider meaning it was next to impossible to prove who was at at fault.

They pointed to a recent case in which one of the 20 customers instituting the action had to take both Absa and Vodacom to court in order to determine who authorised a SIM swap on her cell number and therefore had access to her Absa bank account.

It was only after the court ruled in her favour and ordered that the client be given access to the records and was able to build a case that she was not liable for the fraud, said the report.

Source: www.businesstech.co.za

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