I made a wrong PIX, now what? Can you cancel? Learn how to get your money back

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Failure to return a transfer received by mistake may constitute a crime of embezzlement; g1 explains what to do if you make a mistake or are the victim of a scam. With PIX, payments and transfers are easier to carry out, just using your cell phone or smartphone Júlia Martins/g1 Imagine that you are at home, “having a good time”, watching a television series. Suddenly, a notification appears on your cell phone: it’s a R$500 PIX that landed on your account (and you weren’t expecting it). For many, the first reaction would be euphoria. “Phew, a relief for the monthly bills!” But keeping money that is not yours can be a crime of embezzlement. In this article, you will learn: What to do if you send a PIX by mistake; What to do if you receive a PIX by mistake; What to do if you are a victim of a scam; How to avoid making wrong transfers. The hypothetical scenario at the beginning of this report actually happened to a student from Macapá (AP). Julia Penafort, 23, received a PIX of R$500 by mistake on May 13th. Julia, from Macapá (AP), received a PIX by mistake and returned the amount Julia Penafort / Personal archive The student’s reaction was to contact the bank asking what she should do to reverse the amount. Soon after, she received a message from the person who made the PIX asking for it to be returned. “He sent me his full name, CPF, then I checked the data and returned it. He apologized for the mistake and thanked me a lot for being, as he said, very honest,” says Julia. “He even said I could keep R$50. sending it anyway. But I didn’t need to because I think that’s the least, we don’t have to take advantage of this situation”, continues the student. But Julia’s attitude, unfortunately, is not adopted in all cases. recipient does not return the PIX in “good faith”, the user can go to court, as explained by Breno Lobo, consultant for the Central Bank of Brazil. I sent the wrong PIX. Can you cancel it? Cancellation of a transfer via PIX is only possible in case of scheduling, that is, if the amount has not yet been sent to the recipient. The first thing to do after sending a PIX by mistake, according to the consultant, is to try to contact the person who received the value When making the transfer, the user has access to the recipient’s personal data, such as full name and bank branch, so whoever sent the PIX can use this information to find the recipient and ask for the return. And if the PIX key is a cell phone or email, it gets even easier. “The person who has to start the transaction in this case is the receiving user”, explains Lobo. “If it does not resolve in good faith, the person who made the PIX must contact the bank, because it has all the data of the person who received it and can get in touch with the institution where the recipient has an account, so that the funds can be returned”, explains Lobo. Everything failed? It’s time to file a police report and go to court, as instructed by lawyer Solano de Camargo, chairman of the Privacy and Data Protection Commission of the Brazilian Bar Association (OAB). “She will file a lawsuit saying that she made a mistake and then she has to wait for the judge to recognize the error and force those who received it wrong to return it”, details the lawyer. “Basically, the judge needs to compare what should have been done with the transfer data, then schedule a hearing in the Small Claims Court and the party that received it will have to explain the origin of the money, defend itself. If there is an error, there is no way, she will end up having to return it”, he continues. READ ALSO: Love scam: See tips to protect yourself when using relationship apps Personal data leak: See how to protect yourself and what to do if you’re a victim I received the wrong PIX. Do I have to return? The answer is “immediately”, for the Central Bank consultant. He explains that the PIX itself has a “return” button, to quickly reverse an amount received by mistake. “You don’t need to know any information about who sent the PIX. Just return it. It’s immediate, instantaneous. Whoever receives the wrong PIX and has good faith will do this”, says Breno. According to attorney Solano, depending on the case, receiving a PIX and not returning the amount could amount to misappropriation. ′′ The person who receives a PIX, who knows it wasn’t for them and still doesn’t return it can be prosecuted in the civil and criminal scope. The problem, in criminal terms, is that embezzlement carries between 1 and 4 years in prison, ”he warns. I fell in a coup! Will I see my money again? For cases of coup involving PIX, the Central Bank has a tool called the Special Return Mechanism (MED). Through it, the bank initiates a procedure to analyze the fraud and, if possible, return the amount. “As soon as possible, as soon as you detect that you have suffered the blow, contact your bank and report the problem. Always have the PIX receipt in hand, which will have important information about who received the blow”, advises the BC consultant. According to Lobo, the first step must be to contact the bank so that the institution can initiate the MED and block the amount in the fraudster’s account, before he withdraws the money or transfers it elsewhere. “When starting the process, the bank of the person who suffered the scam contacts the BC and we share this information, so the fraudster’s bank needs to block the funds in his account, up to the amount of the fraud. Sometimes there is nothing and there is no way to block it, ”he says. From then on, the fraudster’s bank has up to seven days to analyze the case. The consultant explains that the MED does not apply in cases of commercial disagreements, or purchase and receipt of wrong products, for example. “But if the fraudster’s bank observes that the transaction was in fact due to fraud and agrees with the refund request, the bank withdraws funds from the fraudster and returns them to the paying user”, concludes Lobo. The consultant also adds that the fraudster’s bank is not responsible for using its own resources to pay the victim of the scam. Therefore, if the fraudster’s account does not have money, the amount cannot be returned by the MED and the user will need to go to court. READ ALSO: PIX: Central Bank announces new measures against fraud Scams and fraud associated with PIX grow in the country, experts say Banks warn of scams and fraud via social engineering; see examples It’s better to be safe than sorry… Before all this happens, lawyer Solano de Camargo separated three tips for you to avoid making wrong transfers. Check the recipient’s information Before confirming the transfer, the user needs to check all the details of the person who will receive the PIX, such as the name, CPF or CNPJ and bank branch. The tip is even more important in the case of PIX by QR Code, as people tend to scan the code and not check the shipping information that appears in the sequence. Always make the PIX through the bank’s official channels It is essential that the person always transfers through the official website or app of their bank. The guideline is not to make PIX directly from links received via SMS, WhatsApp or any other messaging channel. Pay attention when shopping online In this case, the PIX data is “correct”, but the store itself may be false. Therefore, before making an internet purchase, you should check whether the store is reliable. The ideal is to give preference to well-known sites with positive reviews from many users. LEARN MORE: PIX: new service rules come into effect; see what changes How to protect yourself from scams on the PIX: Learn how to protect yourself from scams on the PIX

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