backMonitor Mercantil – Regulation & Justice — Published in January 2026
Responsibility of fintechs for client errors in digital frauds
The rapid growth of fintechs and digital payment solutions has brought greater efficiency and financial inclusion, but it has also increased exposure to digital fraud. As a result, legal debate has intensified around the extent to which fintechs may be held liable when losses arise from customer error.
Brazilian case law has increasingly emphasized the need for robust security, monitoring, and fraud-prevention standards. Even where a transaction is authorized by the user, shortcomings in systems, ineffective alerts, or insufficient authentication mechanisms may give rise to liability.
According to the partners at Campos Thomaz Advogados, the key issue is effective risk management and digital governance. “The focus should not be on restricting innovation, but on ensuring that fintechs implement controls proportional to the risks of their activities, maintain clear communication with customers, and adopt effective fraud-prevention structures,” the firm’s specialists note.
Regulatory developments point toward higher expectations regarding compliance, information security, and consumer protection. “Fintechs that invest in governance and preventive measures not only reduce litigation exposure but also strengthen market trust,” conclude the partners at Campos Thomaz.
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