Stockholm Compliance Advisor has successfully represented two consumer credit institutions in a case against the Swedish Consumer Agency in the Court of Appeal regarding penalty fees pursuant to the Consumer Credit Act
The Swedish Consumer Agency decided on 6 April 2022 to issue a warning against two Consumer Credit Institutions together with a maximum penalty fee of over SEK 2 million for alleged infringements of the Consumer Credit Act. According to the Consumer Agency, the CCI:s had not obtained sufficient information about consumers other debt obligations and its creditworthiness assessment was therefore insufficient.
The Administrative Court stated in its judgment that the companies creditworthiness routines was sufficient and that the Swedish Consumer Agency's decisions was unjustified. It was concluded that the creditworthiness assessments was based on sufficient information about the individual consumers financial situations and the Consumer Agency’s decisions was fully reversed in judgements delivered on 15 December 2023.
The Administrative Court’s judgment was appealed by the Consumer Agency to the Administrative Court of Appeal in Gothenburg, which on 27 May 2024 decided to not grant appeal. The Administrative Court's decision can be appealed to the Supreme Administrative Court.
2024-05-27
Contact: Love Samson