Why hardly any bank customers are demanding the repayment of unlawful fees

KARLSRUHE (dpa-AFX) - Four years after the consumer-friendly ruling by the Federal Court of Justice (BGH) on invalid account fees, only a few customers have claimed money back from their bank or savings bank. This is according to a representative survey by the comparison portal Verivox. According to the survey, only 11 percent of those asked asserted any claims.

In April 2021, the BGH declared so-called consent clauses in the general terms and conditions of banks and savings banks to be inadmissible. Under these clauses, customers' consent to changes in account fees, for example, was deemed to have been given if they did not actively object within a certain period of time. Following the ruling, numerous consumers were entitled to a refund of unlawfully charged fees.

At least 40 percent were entitled

"We know from earlier studies that in the three years prior to the ruling, the checking account alone became more expensive for at least 40 percent of all customers," says Verivox CEO Oliver Maier. "Regardless of controversial questions of limitation periods, at least all of these customers could have demanded refunds." The company is not aware of a single bank that obtained the necessary consent from customers before the Karlsruhe ruling.

In the summer of 2021, a Verivox study found that 82 percent of respondents said they would reclaim fees paid if they were entitled to do so. However, according to the latest study, the reality is different. Four out of ten respondents were not even aware of the BGH ruling. But even among those who knew about the Karlsruhe decision, more than 80 percent waived their potential claims for reimbursement.

What was the reason for this?

According to the study, only 34 percent did not request a refund because they believed they were not entitled to one. 23 percent felt the effort involved was too great, and 21 percent were unsure whether the ruling applied to them. Fourteen percent said it wasn't worth the effort because they weren't talking about a lot of money. And 7 percent were afraid their account would be closed or their relationship with their bank would be strained.

The Federal Court of Justice is hearing a case today concerning the repayment of fees charged by Berliner Sparkasse under a deemed consent clause. This time, the focus is on the question of when the claims expire. It is unclear whether a ruling will be handed down on Tuesday. /jml/DP/zb