Consumer Credit, Banking and Digital Payments

Unfair Contract Terms, Pre-Contractual Information and Additional Fees

Provisions that were included in the contract without being negotiated with the consumer and that create an imbalance contrary to the principle of good faith, to the consumer’s detriment, in the parties’ rights and obligations under the contract may qualify as unfair terms. The fact that the contract has been signed does not mean that every provision is automatically valid.

Under this heading:

• Provisions allowing unilateral changes to prices or services
• Clauses that are vague, unclear or interpreted against the consumer
• Disproportionate penalty clauses and early termination charges
• Provisions restricting the consumer’s statutory rights
• Additional fees collected without the consumer’s explicit consent
• Breach of the pre-contractual information obligation
• Failure to provide a copy of the contract or access to a durable medium
• Later changes to the contract terms to the consumer’s detriment

are examined.

Consumer Credit, Housing Finance and Banking Transactions

In consumer credit, housing finance, credit cards and other retail banking transactions, pre-contractual information, interest and cost components, fees, insurance, early repayment, default and unauthorized transactions may be the subject of a dispute.

In this context:

• Reviewing consumer credit and housing finance contracts
• Assessing the effective annual interest rate and total cost information
• Legal review of credit allocation, account, card and other fees
• Insurance transactions linked to the credit and the refund of premiums
• Early closure of the credit and the early repayment reduction
• Failure to deliver goods or services purchased with a linked credit
• Credit card membership fees and card transactions
• Card payment transactions carried out without the consumer’s knowledge or approval
• Examining chargeback objections, blocks, reversed presentments and bank records
• Default, acceleration and account termination notices
• Routes of application against enforcement proceedings initiated against the consumer

are worked on.

Not every banking dispute is a consumer dispute. The commercial purpose of the transaction, the capacity of the parties or the nature of the claim may change the competent authority.

Payment Services, Electronic Money and Unauthorized Digital Transactions

Transactions made outside a bank account, using a payment institution, an electronic money institution, a digital wallet, mobile payment, a money transfer application or an online payment infrastructure, may bring into play, in addition to consumer law, the regulations on payment services, banking, electronic commerce and the protection of personal data.

The main work in this area is the following:

• Money transfers carried out without the consumer’s knowledge or approval
• Unauthorized access to mobile banking, digital wallets and electronic money accounts
• Allegations of phishing, fake links, remote access and social engineering
• Determining whether the transaction was authorized by the consumer
• Examining strong authentication, transaction notifications and security records
• The times at which the payment order was transmitted, processed and credited to the account
• Incorrect or duplicate payments, blocks and problems with access to the account
• The liability of the payment institution, bank, merchant, platform and other parties
• Chargeback objections, reversed presentments, internal objections and applications to the regulatory authority
• Distinguishing the consumer arbitration committee, mediation, litigation and criminal investigation routes

In an allegation of an unauthorized transaction, the notification and objection periods, device and session records, text messages and application notifications, IP and security data, and how the consumer protected their personal information are examined together. In cases where fraud is suspected, private law claims and a criminal investigation do not replace one another; the evidence and application deadlines must be preserved separately for each process.