Banks and savings banks are not allowed to increase account fees without the active consent of customers.

Four years after the consumer-friendly ruling by the Federal Court of Justice (BGH) on ineffectively charged account fees, only a few customers have demanded refunds from their bank or savings bank. This is according to a representative survey conducted by the comparison portal Verivox. According to the survey, only 11 percent of respondents asserted any claims.

In April 2021, the Federal Court of Justice (BGH) declared so-called presumed consent clauses in the general terms and conditions of banks and savings banks inadmissible. Under these clauses, customers were deemed to have consented to a change in account fees, for example, if they did not actively object within a certain period of time. Following the ruling, numerous consumers were entitled to reimbursement of unlawfully charged fees.

"We know from previous studies that checking accounts became more expensive for at least 40 percent of all customers in the three years prior to the ruling," says Verivox Managing Director Oliver Maier. "Regardless of disputed statutes of limitations, at least all of these customers could have demanded refunds." The company is not aware of a single bank that obtained the required customer consent prior to the Karlsruhe ruling.

In a Verivox study conducted in summer 2021, 82 percent of respondents stated they would reclaim fees they had paid if they were entitled to them. However, the reality is different, according to the latest study. Four out of ten respondents were unaware of the Federal Court of Justice ruling. However, even among those who were aware of the Karlsruhe decision, more than 80 percent waived possible reimbursement claims.

According to the study, only 34 percent did not request repayments because they believed they were not entitled to them. 23 percent felt the effort was too great, and 21 percent were unsure whether the ruling applied to them. 14 percent stated that the effort would not have been worth it because they did not have a lot of money at stake. And 7 percent were afraid of having their account closed or their business relationship with their bank being strained.

The Federal Court of Justice (BGH) is hearing a lawsuit today regarding the repayment of fees charged by Berliner Sparkasse through a deemed consent clause. This time, the focus is on the question of when the claims become statute-barred. It is unclear whether a ruling will be issued on Tuesday.