N26 refused to refund fraud after phone theft despite PSD2
N26 refused to refund clearly unauthorised transactions that occurred after my phone was physically stolen.
After the theft, the attacker gained access to my device and SMS, and multiple fraudulent transactions were made via Apple Pay and 3D Secure. I reported the theft immediately and provided a police report, a timeline of the unauthorised transactions, and evidence of account compromise.
Despite this, N26 denied my claim using a generic response: “You willingly authorised the transactions because Apple Pay / 3DS was used.”
This contradicts PSD2, which requires banks to refund unauthorised transactions unless they prove gross negligence. N26 provided no such proof and conducted no meaningful investigation.
The case has been escalated to the German financial supervisor (BaFin) and independent dispute resolution bodies.
N26’s handling of this matter has been dismissive and legally questionable. If your phone is stolen and your accounts are compromised, be aware that N26 may deny responsibility and retain your funds.
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