FAQ
Status: 04/27/2022 11:00 a.m
A decision by the Federal Court of Justice to protect bank customers from illegally charged account fees has been in effect for a year. Its implementation is still a source of controversy. What do consumer advocates advise?
Disgruntled bank customers on the one hand – credit institutions that threaten their customers with termination on the other: Even one year after the judgment of the Federal Court of Justice (BGH) on the consent of customers to changes in the terms and conditions, its implementation is still causing controversy. tagesschau.de answers some important questions.
What did the BGH decide a year ago?
On April 27, 2021, the BGH decided that banks must obtain the consent of their customers when changing their general terms and conditions. Financial institutions must therefore subsequently ask for approval of current fees. In addition, bank customers can reclaim fees that institutions have charged without their explicit consent.
What is the account fee period?
For several years, banks have introduced or increased fees without customers agreeing to it. According to legal experts, the BGH ruling affects fees from the last three years before the ruling, i.e. since April 2018. That is how long the limitation period usually runs in such cases.
What are the credit institutions obliged to do?
On the one hand, since the judgment, banks have had to obtain the consent of their customers for changes to the general terms and conditions. This consent must be obtained retrospectively for changes that have already been made, including the introduction or increase of fees. On the other hand, the institutes are also obliged to reimburse fees that were charged without the consent of the customer.
What happens if customers refuse to agree to T&C changes?
According to the current legal opinion, the banks are not only entitled to terminate the customer relationship in this case, they are even obliged to do so. The bank may not provide any services for the customer without agreeing to the terms and conditions. Therefore, according to consumer advocates, it makes no sense to take action against such a termination.
How can incorrectly charged account fees be reclaimed?
Consumer protection organizations, Stiftung Warentest, but also specialized lawyers have developed sample letters for such claims that bank customers can use. Assistance is also provided for calculating the fees paid. On request, bank customers can have their bank’s fee schedule prepared in advance, ideally for the years 2018 to 2021. This can then be used as the basis for the calculation.
Is termination due to a request for a refund of fees legal?
In some cases, customers who reclaimed fees are also terminated or threatened with termination. From the point of view of the Baden-Württemberg consumer advice center, this is a “brazen and, in our opinion, illegal attempt” to prevent bank customers from enforcing their rights. According to the banking supervisory authority BaFin, customers are entitled to assert claims for reimbursement: “Exercising this right cannot therefore result in an immediate termination of the business relationship.” The consumer advice center in Baden-Württemberg alone is suing a total of five banks in connection with the implementation of the BGH ruling. In two cases so far, however, the consumer advocates have lost before the district court in Stuttgart, but an appeal has been lodged.
Does a lawsuit against the behavior of one’s own bank make sense?
In most cases, the value in dispute of a lawsuit due to unjustly charged fees is estimated at a few hundred euros. The bank customer must decide individually whether this is worthwhile in comparison to possible legal and court costs. So far, several hundred consumers have joined a model lawsuit by the Federal Association of Consumer Centers. According to the vzbv, between June 2021 and February 2022 consumer advice centers received at least 3,200 complaints in connection with the BGH judgment.
What is the position of the banking supervisory authority BaFin on the BGH ruling and its implementation?
According to the Federal Financial Supervisory Authority (BaFin), it is monitoring the implementation of the judgment very closely. According to the authority, “supervisory talks will be held with institutions that have become conspicuous in connection with the implementation of the judgment”. As early as last October, the supervisory authority had warned the financial institutions that they should heed the judgment of the Karlsruhe judges. Claims for reimbursement by customers should be examined comprehensively in a timely manner and unjustly charged fees and charges should be reimbursed immediately, according to the authority.