• Sun. Dec 10th, 2023

Consumer users dun for back payment of fees


Apr 20, 2023
Consumer users dun for back payment of fees

Following the BGH ruling on bank fees, consumer users are insisting on a refund of wrongly paid fees and threatening further legal action if this is not done.

"Banks should actively approach their customers and pay back unjustly charged fees without red tape," warned the head of the federal consumer association (vzbv), klaus muller, on wednesday.

At the end of april, the german federal supreme court (BGH) ruled in a case involving the deutsche bank subsidiary postbank that banks must obtain the consent of their customers when changing general terms and conditions (GTC). The clause according to which merchants can assume tacit consent if customers do not object to a change within two months is unreasonably disadvantageous to customers (az.: XI ZR 26/20). Many bank customers can now reclaim part of overpaid fees.

Consumer users called on customers to report to the federal association via an anonymous online portal how their bank or savings bank has reacted to the BGH ruling. "After the evaluation, the vzbv will decide whether, how, and against whom further legal action will be taken."

A so-called model action for a declaratory judgment would be possible. This vehicle exists since the 1. November 2018. Consumers should thus find it easier to enforce their rights. You do not have to sue yourself, you can join the sample lawsuit of a consumer association without a lawyer. A ruling clarifies the fundamental issues in such cases and is binding for everyone.

A number of banks have already prepared themselves for considerable costs as a result of the karlsruhe court ruling. Deutsche bank expects to set aside 100 million euros for possible claims in the second quarter and anticipates total charges of 300 million euros as a result of the BGH ruling. According to chief financial officer bettina orlopp, commerzbank is preparing for a provision "in the mid double-digit millions" for the second quarter of 2021.


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