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Fee increase without consent: Berliner Sparkasse loses lawsuit
Current verdict: Berliner Sparkasse customers could get millions back. Fees were too high - other savings bank customers affected?
Fee increase without consent: Berliner Sparkasse loses lawsuit
Berliner Sparkasse recently learned in a court ruling that increasing fees for checking accounts since 2016 was inadmissible without the active consent of customers. This ruling could have far-reaching effects on savings bank customers who are in similar situations. Consumer advocates and savings banks have long been in a dispute over whether cost adjustments must be reversed without the direct consent of customers. The consumer advice center and the Berliner Sparkasse are in a legal dispute over the unilateral cost increase without the explicit consent of the customers.
Following this ruling, Berliner Sparkasse customers could expect significant refunds once the decision becomes final. The consumer advice center accuses the savings bank of having increased the fees several times without appropriate customer involvement. For example, the monthly fee for the “Comfort checking account” was unilaterally increased by three euros at the end of 2016. After the savings bank refused to repay the excess amounts, consumer advocates filed a class action lawsuit.
There were 1,200 customers who joined the litigation. The Berlin Court of Appeal classified the lawsuit as justified in many aspects, but did not accept repayments for claims before 2018 because they were considered time-barred. Consumer advocates are therefore considering revising the ruling with the argument that the limitation period should only begin when the customer becomes aware of the facts. This ruling also has an impact on other Sparkasse customers, as similar cases are pending in other regions of Germany.
Customers are entitled to a refund in accordance with the Bank's General Terms and Conditions if these changes are agreed to on the condition that customers do not object within two months. However, there is a risk that banks could close accounts if customers claim refunds. It remains to be seen how the situation will develop and what consequences the ruling will have for other customers.