How Long Can You Claim Back Unlawful Bank Fees? A Breakdown of the BGH Ruling
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Wondering if you're still eligible to reclaim unjustified bank fees? After the BGH's landmark ruling four years ago, many bank customers successfully reclaimed their funds. But how long do you have to claim these fees back? The wait is finally over!
The Federal Court of Justice (BGH) has spelled out the duration for which bank customers can demand a refund of invalidly charged account fees. The standard time limit of three years applies, starting from the year-end in which the claim arose. Who cares when you found out about the clause's nullity? That doesn't matter.
The BGH made this ruling based on a class-action lawsuit by the Federation of Consumer Centres against the Berlin Sparkasse. The Sparkasse's general terms and conditions originally featured a so-called consent fiction clause. According to this clause, customers were assumed to have consented to a change in account fees if they failed to object within a predetermined period. Many banks and savings banks adopted such clauses, but the BGH nixed this practice in April 2021. In the court's view, changes in a bank's general terms and conditions are ineffective if they rely on a tacit agreement.
Claim your Money Back - Understanding a New Deadline
Following the BGH's ruling, many bank customers challenged unnecessary fees and managed to get their money back. However, it was uncertain when the repayment claims would expire. The consumer centres argued that the three-year limitation period should only begin when consumers realized the clause was invalid – at the earliest with the 2021 ruling.
But the BGH did not agree. Consumers' knowledge of the clause's invalidity is not necessary to start the three-year countdown. Given that there was no ambiguity regarding the effectiveness of these clauses, customers could have started legal action even before the BGH's fundamental ruling in 2021. The critical factor is when the claims arose.
So, next time you stumble upon questionable bank fees, don't wait too long before taking action! Remember, you can demand a refund for up to three years after the year in which the claim arose.
Source: ntv.de, awi/dpa
- Federal Court of Justice
- Banks
- Consumer Protection
- Savings Banks
- Consumer Centres
- Legal Questions
- Limitation Period
In light of the Federal Court of Justice's ruling, individuals can seek a refund of invalidly charged bank fees for up to three years after the year in which the claim arose, regardless of when they discovered the clause's nullity. This decision came as a result of a class-action lawsuit by the Consumer Centres against banks and savings banks like Berlin Sparkasse, who formerly used consent fiction clauses. These clauses assumed customers had agreed to changes in account fees if they did not object within a certain period. However, the BGH stance is that changes in a bank's general terms and conditions are ineffective when relying on a tacit agreement.
