Frankfurt There is again a dispute about the approval required for higher account prices. From the point of view of consumer advocates, customers do not automatically agree to contract changes such as price adjustments by using their account. The Federation of German Consumer Organizations (VZBV) took action against the Sparda-Bank in Hanover and has now won the case in court.
The Hanover Regional Court granted the injunction and prohibited the bank’s actions, the VZBV announced on Tuesday. The verdict is not yet legally binding.
“We are currently examining various options for dealing with this judgment and reserve the right to take legal action,” emphasizes Sparda-Bank Hannover when asked by Handelsblatt. The money house announced a few months ago that it would increase the fees for current accounts and introduce new price models for existing customers in August.
“If a bank needs approval for a contract change, the mere continued use of the account by the customer – for example by making a transfer or withdrawing money – is not sufficient,” said David Bode, officer in the legal enforcement team of the VZBV. According to the VZBV, Sparda-Bank explained in a customer letter from September that, in addition to express consent, it would also consider future use of the account as consent.
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The actions of the VZBV and the decision of the district court in Hanover are likely to attract attention in the banking sector. Especially since, according to the consumer advocate Bode, there are other comparable circumstances. They are being examined and, if necessary, they will be attacked with further injunctions.
Banks rely on implied action
Most recently, there were indications that other banks would also be more likely to rely on implicit action when there were changes to the General Terms and Conditions (GTC) and price increases. It is assumed that an action implies a declaration of intent.
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The background to the action taken by the financial institutions is a judgment by the Federal Court of Justice (BGH) in April 2021. According to this, financial institutions must obtain the express consent of their customers if there are changes to the general terms and conditions, for example price increases. The VZBV had sued the Postbank, which had raised prices several times in recent years.
Up until the verdict, banks and savings banks had usually increased the fees via the existing terms and conditions clauses. They assumed that customers would tacitly consent if they did not object to a change within two months. The financial institutions are now getting approval for fee increases that have just been announced. On the other hand, they need the customers’ consent to price increases in the past three years.
The problem: Not all customers agree. Reaching the remaining five to ten percent of customers is considered difficult. The first banks and savings banks have therefore pronounced account terminations.
A few months ago, Postbank, which belongs to Deutsche Bank, also relied on consent through continued use – albeit in a special constellation. She had terminated the relevant accounts in the spring. If customers then continued to use the account details, the bank regarded this as acceptance of the terms and conditions. The VZBV did not take any action against this.
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