Unlawful Bank Fees: A Guide on Getting Your Money Back (Updated)
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In the ever-competitive banking world, unfortunately, banks and savings banks have been known to charge unlawful fees. Following a significant ruling by the Federal Court of Justice (BGH) four years ago, many customers managed to reclaim their hard-earned money. However, the question of how long customers could pursuEach this refund remained unanswered - until now. Here's an updated guide on the issue.
In a recent judgment, the BGH has finally clarified the timeframe within which clients can claim refunds for unlawfully charged account fees. According to the Senate in Karlsruhe (Az.: XI ZR 45/24), the standard three-year limitation period applies from the end of the year in which the claim arose. This clarification does not depend on when customers learned of the invalidity of the corresponding clauses.
Previously, the consumer association had argued that the limitation period should only start when customers became aware of the clause's invalidity, at the earliest with the 2021 judgment. However, the BGH did not accept this view. The court's reasoning is that given the certainty of the legal situation regarding the effectiveness of consent fiction clauses, claimants could potentially have filed lawsuits before the BGH's groundbreaking 2021 ruling.
Back in 2021, the BGH had ruled on a model declaratory action by the Federation of German Consumer Organisations against Berlin Sparkasse, which used a widespread practice of implying implied consent for changes in account fees through so-called consent fiction clauses. Such clauses stipulated that customers were deemed to have agreed to the changed fees if they failed to object within a certain period. The BGH deemed this practice invalid, stating that changes to GTC become ineffective if they only become operative due to implied consent (Az.: XI ZR 26/20).
Source: ntv.de, awi/dpa
- Federal Court of Justice
- Consumer Protection
- Savings Banks
- Consumer Organisations
- Legal Issues
While banks and savings banks employ a wide array of tactics to skim off extra fees, arming oneself with knowledge of the applicable laws and regulations is crucial in the quest for justice. If you feel that a bank has unlawfully charged you fees, consult a legal expert to better understand your rights and the specific legal framework applicable to your situation.
- In light of the recent judgment by the Federal Court of Justice, individuals who have been charged unlawful fees by banks or savings banks can now file claims for refunds within the standard three-year limitation period, starting from the end of the year the claim arose, regardless of when they learned of the clause's invalidity.
- Vocal consumer organizations have played a significant role in battling unjust banking practices, such as the invalid consent fiction clauses, through model declaratory actions, like the one led by the Federation of German Consumer Organisations against Berlin Sparkasse in 2021. These organizations provide valuable resources and vocational training for consumers interested in understanding their rights and navigating complex legal issues as they pertain to business and finance.
