Lead
Global bank HSBC is facing a Federal Court hearing in Melbourne today after admitting it failed to protect customers from a long-running bank impersonation scam, potentially paving the way for a massive financial penalty. The admission comes as victims, who lost tens of millions of dollars, demand full reimbursement and compensation.
The Australian Securities and Investments Commission (ASIC) sued HSBC in 2024, alleging "widespread and systemic" failures to protect customers. According to ASIC, customers made 950 reports alleging scammers had netted $23 million between January 2020 and August 2024. HSBC initially planned to defend the case but abandoned that defense, agreeing to a $35 million penalty, as reported by ABC Australia.
Coverage Comparison
Reporting from ABC Australia, the only outlet covering this story in the provided material, focuses on two distinct aspects: the bank's accountability and the regulator's inaction toward a telco that failed to stop scam messages. One report highlights victims' struggles to get reimbursements and the bank's alleged failures, while another reveals that Telesign, a California-based company, allowed over 1,000 scam texts impersonating HSBC to reach Australians but faced no fine.
Key Claims
- HSBC acknowledged risk but argued controls were adequate: According to ABC's report on the ASIC lawsuit, HSBC admitted it was aware of the risk of unauthorised payments but argued it had adequate controls in place. This defense was later dropped, leading to the $35 million penalty.
- Regulator found Telesign breached scams code without imposing a fine: The Australian Communications and Media Authority (ACMA) determined that Telesign allowed 1,121 messages impersonating HSBC to pass through its network, breaching the industry scams code. However, as ABC reported, Telesign received only a warning to comply, with the regulator stating that was the strongest enforcement action available for a first-time offence.
- Victims offered low reimbursements and had to fight for full repayment: The reports include accounts from victims like Sunni Wan, who lost nearly $50,000, and describe a pattern where some customers were offered "goodwill" payments that did not cover their full losses. Many had to fight for months or years to get their money back, with some settling for less due to financial hardship.
Perspectives
Victims' Experience
Victims, as quoted in the ABC reports, express frustration with HSBC's initial responses. "They just kept putting the blame on the victims," said Sunni Wan, who created a support group after discovering others faced similar losses. The group has been pushing for the bank to repay outstanding losses and compensation, and sees the court hearing as a step toward accountability.
Regulator's Position
ACMA, the telecommunications regulator, defended its action against Telesign by saying the direction to comply was the strongest option available for a first-time offence. The regulator noted that only a second breach can incur a maximum penalty of $250,000. This has drawn criticism from advocates who question whether ACMA has sufficient powers to deter such breaches.
HSBC's Response
HSBC has not commented publicly beyond its court filings, in which it admitted failures and agreed to the penalty. The bank's decision to stop contesting the case was announced abruptly, with no public explanation. As the Federal Court hearing proceeds, observers will be watching for any additional details about the bank's internal processes and how it intends to compensate remaining victims.