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Beware of “Dear Customer” – Salutation

Beware of “Dear Customer” – Salutation

Every day, consumers in Germany and Italy fall victim to phishing; this was also the case for a couple from Ammerland who fell for a letter purportedly from their bank asking them to provide new passwords.

Their savings of 41,000 euros were gone. The legal situation in Germany is relatively straightforward here: Under Section 675u, Sentence 2 of the German Civil Code (BGB), the customer may demand reimbursement of unauthorized payments from the bank, unless the transfer was only possible due to the customer’s gross negligence. The Higher Regional Court of Oldenburg (April 24, 2025, 8 U 103/23) found the couple guilty of gross negligence, as the alleged bank letter contained several spelling errors in German and began with the unusual salutation “Dear Customer.” Native speakers are thus better protected than newcomers. In this context, here is more painful news for victims of scammers. The Münster Finance Court ruled in its judgment of September 2, 2025, 1 K 360/25, that a loss resulting from a scam does not constitute an “extraordinary burden” under Section 33 of the Income Tax Act. The loss is therefore not even tax-deductible.