Damn Straight, You Can Chargeback the Banks for Dishonest Fees, But for How Long?
Application Status Remains Pending for Commission Regarding Scheme Details
When banks and savings banks try to squeeze some extra cash outta your account through shady fees, you might be able to get that money back—but for how long? Well, the nosy folks at the Federal Court of Justice (BGH) have finally answered that question.
After a BGH decision four years ago, several customers managed to reclaim their hard-earned dough, but the above question remained unclear. Now, the BGH has shed some light on the matter. According to the Eleventh Civil Senate in Karlsruhe (Az.: XI ZR 45/24), the standard three-year statute of limitations starts at the end of the year when the claim first appeared, regardless of when the customer figured out the clause was bunk.
This ruling was based on a lawsuit filed by the Federal Association of Consumer Centres against Berlin Sparkasse. Their general terms and conditions included an infamous "consent fiction clause." Essentially, this meant if customers didn't object within a certain timeframe, it was assumed they approved any changes in account fees. The BGH tossed this practice back in April 2021. In their opinion, changes in bank terms and conditions become invalid if they rely solely on implied consent (Az.: XI ZR 26/20).
Where's the Beef? - File Your Claim Before It's Too Late!
Since the BGH's 2021 ruling, numerous bank customers succeeded in getting their money back from expensive and illegal fees. However, the deadline loomed—when exactly did the claims expire? The Consumer Centre tried to fight for the statute of limitations period to begin when customers discovered the clause was invalid, at least since 2021.
But the BGH didn't agree. A customer's awareness of the invalidity of the consent fiction clause doesn't trigger the start of the statute of limitations. As there was no uncertainty about the effectiveness of these malarkey clauses, customers could've filed a lawsuit before the BGH's groundbreaking decision in 2021. Instead, the crucial factor is when the claims arose.
So if you got slammed with bogus bank fees and feel like sticking it to the man, start that lawsuit now. Three years ain't a whole lot of time, so don't miss your chance to reclaim what's rightfully yours!
Source: ntv.de, awi/dpa
- Federal Court of Justice (BGH)
- Banks & Savings Banks
- Unlawful Fees
- Consumer Protection
- Statute of Limitations
- Suit Against Berlin Sparkasse
- Implied Consent Clauses
- In light of the BGH's ruling, if you find unlawful fees charged by banks and savings banks, you should file a lawsuit promptly, as the statute of limitations may begin from the time the claim arises, not when the invalidity of the clause is discovered.
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