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09.10.2024 | 🇫🇮 Finnish competition authority
The Supreme Court in Finland ruled that the credit companies Blue Finance Suomi Oy and Bondora AS breached price regulations for credit companies under the Consumer Protection Act. The companies charged consumers extra costs not included in the maximum credit cost, resulting in consumers paying more than permitted by law.
The services offered by the companies included options for consumers to make changes to payment schedules, repay credit early, receive priority customer service, and get credit management messages or paper invoices for an additional fee. The companies argued that these were optional 'additional services' for consumers.
The Market Court had previously found Blue Finance Finland in violation of price regulations in December 2022, while a similar claim against Bondora AS was rejected in September 2023. The Supreme Court reviewed both cases and granted leave to appeal.
The Supreme Court determined that the fees for the services provided by the companies should be considered credit costs under the Consumer Protection Act, regardless of whether the services were optional or mandatory. This classification led to a breach of the Act's regulation on maximum credit costs by the companies.
The Supreme Court upheld the Market Court's decision against Blue Finance Finland, imposing a fine and prohibiting the company from continuing the unlawful pricing of consumer credit. For Bondora, an enhanced prohibition was imposed following a claim by the Consumer Ombudsman.
Consumers who exceeded the interest rate ceiling in such credit agreements are not required to pay any credit costs. Any payments made must be deducted from the credit principal, and consumers are entitled to a refund for any excess payments.
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