Customers successfully sue: Berliner Sparkasse has to pay back costs

Customers successfully sue: Berliner Sparkasse has to pay back costs

Consumer advocates had filed a lawsuit against Berliner Sparkasse because of unannounced cost increases, which has now been decided in the interests of the customers. Customers can demand money back, as Berliner Sparkasse was neither allowed to introduce new fees nor increase existing ones without the consent of its customers. The Berlin Court of Appeal confirmed this view and thus enables the affected customers to receive potential repayments (Az 26 MK 1/21).

The Berliner Sparkasse had increased the fees several times without asking customers for permission. This led to legal action by consumer advocates, who filed a class action lawsuit representing around 1,200 customers. Although the court considers the claims to be time-barred, consumer advocates are considering revising the ruling.

Not only Berliner Sparkasse, but also other banks could be affected by unlawful cost increases. For example, Postbank implemented an increase in the Giro Plus account, while Deutsche Bank and ING Diba took similar measures. Customers may be able to claim repayments by checking their bank statements since January 2018 and, if necessary, using a sample letter from the Consumer Advice Center to claim back overpayments from their bank.

Niels Nauhauser from the consumer advice center in Baden-Württemberg emphasizes that the fee increases of recent years are ineffective and customers are entitled to demand their money back. It is important that customers independently check what the price list agreed upon when opening the account looks like in order to justify possible claims for reimbursement.