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HSBC Australia Faces Legal Action Over Delayed Scam Response

HSBC Australia is facing legal action from the Australian Securities and Investments Commission (ASIC) for allegedly failing to adequately respond to approximately 950 customer reports of unauthorized transactions, resulting in losses of around A$23 million ($14.61 million).

ASIC claims that between January 2020 and August 2024, HSBC Australia took an average of 145 days to investigate reports of unauthorized payments and transactions. A significant portion of the losses, approximately A$16 million, occurred between October 2023 and March 2024. The regulator contends that HSBC Australia lacked sufficient controls to prevent and detect these unauthorized payments, failed to promptly investigate customer reports, and did not reinstate banking services in a timely manner.

This legal action coincides with increased efforts by Australian authorities and banks to combat scams within the country’s banking sector. Data from the Australian Banking Association reveals that roughly 265,000 banking-related scams were reported in the 12 months leading up to September 2024, resulting in reported losses of approximately A$306.5 million.

ASIC Deputy Chair Sarah Court stated that HSBC Australia’s alleged failings were “widespread and systemic,” and that the bank failed to protect its customers. ASIC is seeking declarations of contraventions, pecuniary penalties, adverse publicity orders, and costs.

In response to the allegations, an HSBC spokesperson acknowledged ASIC’s claims and stated that the bank is considering the matters raised and will continue to cooperate with ASIC. This case highlights the growing concern over financial scams and the responsibility of financial institutions to protect their customers from unauthorized transactions. The outcome of this legal action could have significant implications for HSBC Australia and the broader Australian banking industry, potentially leading to stricter regulations and increased scrutiny of banks’ scam prevention and response procedures.

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HSBC Australia’s alleged delayed response underscores the importance of robust fraud detection systems and prompt investigation of customer reports. The case also emphasizes the need for banks to proactively educate customers about common scams and provide clear channels for reporting suspicious activity. While HSBC Australia cooperates with the investigation, the financial impact of the penalties and potential reputational damage remains to be seen. This case serves as a reminder for all financial institutions to prioritize customer protection and strengthen their defenses against increasingly sophisticated scams.

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