Not exact matches
The purpose of the Federal Fair Credit Billing Act is
to «protect
consumers from
unfair billing practices and
to provide a mechanism for addressing billing errors in «open end» credit accounts, such as credit card or
charge card accounts.»
In the Supreme Court ruling on the bank
charges test case, the chief judge of the Supreme Court thought it important enough
to say this ruling didn't stop people challenging fairness under «Regulation 5» of the
Unfair Terms in
Consumer Contracts Regulations (which the Supreme Court case did not cover).
There are also a number of very good smaller free fellow campaigning websites dedicated
to reclaiming
unfair charges and helping
consumers.
The test case focused on the
Unfair Terms in
Consumer Contracts Regulations, yet in the end it all boiled down
to one simple nerdy technical point — were bank
charges a core part of a bank account?
The CCA also includes detail on what a
consumer can be awarded if the
charges are found
to be
unfair, which can include full or partial amounts — so the refund would depend heavily on a
consumer's particular circumstances.
The action was meant
to create more protection for
consumers and halt
unfair and hidden fees they were being
charged for being a credit card holder.
This is typically in addition
to basic protections laid out in the Fair Credit Billing Act for all
consumers, which protects you against
unfair billing practices and provides you with a mechanism for addressing billing errors, such as being
charged for items you did not receive.
Standard contingency fees are
unfair to consumers, the site argues, insofar as lawyers
charge the same percentage regardless of the merits of the case.
Contracts between banks and customers for current accounts, under which
charges are made by the banks
to customers when the customer requests or instructs a payment for which they do not hold the necessary funds, are not exempt from investigation by the Office of Fair Trading under the
Unfair Terms in
Consumer Contracts Regulations 1999 (SI 1999/2083)(UTC 1999).
Default
charges can also be challenged under the
Unfair Terms in
Consumer Contracts Regulations 1999, and if found
to be excessive nothing will be payable.
«The current law is baffling — so much so that
consumers and regulators are reluctant
to challenge
unfair charges,» said David Hertzell, one of the Law Commissioners.
The question before the court was whether the Office of Fair Trading (OFT) was permitted
to investigate the fairness of bank
charges levied for unauthorised overdrafts and other related
charges under reg 6 (2) of the
Unfair Terms in
Consumer Contracts Regulations 1999 (SI 1999 / 2083)(the regulations).
Banks» terms and conditions which impose
charges on customers for unauthorised overdrafts are subject
to the test of fairness in the
Unfair Terms in
Consumer Contracts Regulations 1999 (UTCCR 1999), the High Court has ruled.
The case comes a week after the Office of Fair Trading (OFT) announced it will push for a High Court declaration on whether the rules in the
Unfair Terms in
Consumer Contracts Regulations 1999 (SI 1999/2083) apply
to overdraft
charges.
Because coverage is government mandated, many
consumers feel it is
unfair for a Maine car insurance provider
to charge, unchecked, the rates they would like.