Victim of online credit fraud?
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Legal support for credit and credit card fraud
The number of complaints regarding online loans and consumer loans is rising significantly: In the first half of 2025, the German Consumer Organization (vzbv) reported a 26 percent increase compared to the previous year. Particularly critical is that, according to consumer advocates, the German federal government is planning to relax regulations regarding online loan applications, which will put consumers at even greater risk.
Not only online loan fraud, but also credit card fraud on the internet is increasing significantly. The growing number of data leaks is making it easier for criminals to access sensitive financial information.
Our banking and capital markets lawyers recommend that those affected seek legal assistance early on. A professional initial assessment of online loan and credit card fraud can help enforce claims against banks and fraudsters and limit financial losses.
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3Online loans: Relaxing rules could make fraud easier
legal assistance recommended
The German government is currently implementing the EU Consumer Credit Directive into German law. On September 3, 2025, the Federal Cabinet decided that online loans can now be concluded without a signature – a simple click should suffice. This eliminates the previously required written form, which required a handwritten or digital signature.
Consumer advocates warn: This simplification could significantly facilitate online loan fraud. Without clear identification and a signature, criminals could more easily take out loans in someone else's name or foist inappropriate contracts on consumers. The German Consumer Organization Association (vzbv) believes the planned change jeopardizes trust in the rule of law. At the same time, the risk of incorrect or hasty loan decisions increases if the previous signature hurdle is removed.
Important facts at a glance:
- Complaints about consumer loans increased by 26% in the first half of 2025
- Subverted contracts are a central problem with online loans
- Federal government plans to complete the process with a click
- vzbv calls for the retention of the signature to protect consumers
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Credit card fraud: A growing risk for consumers
Not only online loan fraud, but also credit card fraud is steadily increasing and becoming an increasingly common problem for consumers. Those affected report unauthorized debits, often in connection with foreign payment service providers or dubious online shops. Phishing emails, compromised websites, and data leaks are among the most common causes.
Online payment transactions without adequate security measures are particularly risky. The increasing use of digital wallets and mobile payment services also increases the risk of sensitive financial data falling into the wrong hands. For consumers, this not only means financial losses but also lengthy disputes with banks and payment service providers.
Differentiation from credit fraud on the Internet
Legal information for consumers
Not every alleged case of online credit fraud actually meets the criminal elements of Section 265b of the German Criminal Code (StGB). Specialist lawyers for banking and capital markets law emphasize that this is often a terminological confusion: While genuine credit fraud involves deception of a lender, many of the so-called "credit fraud cases" on the internet are fraudulent offenses in which consumers themselves become victims.
Two typical fraud scenarios are particularly common. One of them is the data theft: Sensitive personal and financial information is requested under the guise of a loan application. This data then ends up in the hands of criminals, who either sell it on the dark web or use it themselves to apply for loans in the victim's name.
The second common method is alleged advance paymentsDubious providers advertise loans without a SCHUFA check or with supposedly particularly favorable terms. However, even before a loan is disbursed, they charge fees for consultation, processing, or insurance. Once the money is transferred, the scammers break off contact – the loan is never granted.
In such cases, it is not legally considered credit fraud as defined by the Criminal Code, but rather classic fraud. Those affected should seek legal advice early on to protect their claims and avoid further damage.
Penalties and statute of limitations for fraud
The law provides for a fine or imprisonment of up to three years for fraud. However, if the fraud is committed in conjunction with other crimes—such as forgery—the penalty can be significantly higher.
Fraud offenses are subject to a five-year statute of limitations. This means that after this period, the offense can generally no longer be prosecuted. Nevertheless, those affected should act promptly, as investigations are often initiated before this period has expired.
If there is initial suspicion or an investigation is already underway, it is strongly advisable to immediately contact an experienced attorney specializing in white-collar criminal law or banking and capital markets law. Early legal advice can help avoid serious consequences and significantly reduce the risk of financial and criminal damages.
Avoid punishment: Active remorse
Anyone who voluntarily prevents the loan from being paid out after deception in connection with a loan may, under certain circumstances, remain unpunished. This so-called active repentance However, this only applies if the payment would have actually been made without the perpetrator's intervention. It is therefore crucial that the perpetrator takes action of his own volition to prevent the damage before the lender suffers financial loss.
Legal framework: Consumers are not defenseless against online loans and credit card fraud
Even though online loans and cases of credit card fraud are becoming increasingly common, consumers enjoy comprehensive protection thanks to clear legal regulations. With competent legal support in banking and capital markets law, claims can be effectively enforced and financial losses limited.
Online loans: Protection against fraudulent contracts
A valid credit agreement always requires a clear declaration of intent from the consumer. If contracts are foisted or obtained through deception, they can be contested or declared void under Sections 123 and 312 et seq. of the German Civil Code (BGB). Furthermore, the EU Consumer Credit Directive obliges lenders to protect their customers from over-indebtedness and dubious offers.
Credit cards: Rights in the event of unauthorized payments
If unauthorized debits occur, banks are obligated to refund these payments immediately according to Section 675u of the German Civil Code (BGB). Consumer liability is limited to a maximum of €50, unless the consumer acted with gross negligence. According to the EU Payment Services Directive (PSD2), credit institutions must also implement strong customer authentication procedures to prevent misuse. The Federal Court of Justice has repeatedly clarified that the burden of proof for gross negligence lies with the credit institution.
Conclusion: Consumers are by no means defenseless. Thanks to clear legal regulations and experienced legal support in banking and capital markets law, there is a good chance of minimizing financial losses and successfully enforcing legitimate claims against banks or payment service providers.
If you have become a victim of online credit fraud or credit card abuse, protect your rights – contact us for your personal initial assessment.
Online credit fraud – enforce your rights with legal support
Online credit fraud is a growing problem: More and more consumers are reporting fraudulent loan agreements, bogus offers, or unauthorized debits. Without legal assistance, it is often difficult to get one's money back or successfully enforce claims against banks and credit institutions.
As lawyers specializing in banking and capital markets law, we offer you customized solutions for all forms of online credit fraud – from the initial legal review to the consistent enforcement of your claims in court.
Don't waste time: The sooner you seek legal help, the better your chances of limiting financial damages and successfully recovering your money.
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