Honkajoen Osuuspankki released from liability for damages in Omakanta scam case

The Vaasa Court of Appeal has released Honkajoen Osuuspankki from liability for damages to a couple victimized by the Omakanta scam. The decision was made by a 2-1 vote. Previously, a district court had awarded the couple compensation for the approximately €25,000 lost due to the fraud.

Ritva and Jarmo Sivula, residents of Kankaanpää in Honkajoki, lost €45,000 to an online banking scam in 2021. Jarmo Sivula mistakenly visited a fraudulent website resembling the legitimate Omakanta site, where he provided his banking credentials and activation code. The scammer used this information to install the bank’s mobile app in Sivula’s name and was able to make transfers from the couple’s accounts.

According to the Court of Appeal’s reasoning, Jarmo Sivula’s actions were deemed grossly negligent in light of the overall circumstances, establishing a direct causal link to the losses he incurred. For this reason, the court concluded that he should bear the financial consequences.

Although some funds were recovered with the bank’s help shortly after the scam, over €25,000 remained unrecovered. The Sivulas had demanded that Honkajoen Osuuspankki reimburse the lost amounts. When the bank refused, the couple brought a lawsuit to the Satakunta District Court. The bank argued that Jarmo Sivula had been grossly negligent in providing his information to the scammer, which would exempt the bank from responsibility under the law. However, the district court sided with the victims, stating that Sivula’s conduct did not demonstrate such severe negligence.

The Court of Appeal took a different stance, allowing for the possibility of an appeal to the Supreme Court. Updates on the situation will follow.