Oikeuskäytäntö

  • Tapaustiedot
    • Kansallinen tunniste: Market Court, Judgement 8/20 (final)
    • Jäsenvaltio: Suomi
    • Lyhytnimi:N/A
    • Päätöksen tyyppi: Muu
    • Päätöksen päivämäärä: 17/01/2020
    • Tuomioistuin: Markkinaoikeus
    • Aihe:
    • Kantaja:
    • Vastaaja:
    • Avainsanat: national law, consumer rights, credit agreement, consumer credit, unlawful practice
  • Direktiivin artiklat
    Unfair Contract Terms Directive, Article 3 Unfair Contract Terms Directive, Article 7 Unfair Commercial Practices Directive, Chapter 2, Article 5 Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 7
  • Ylähuomautus

    The Consumer Ombudsman requested the Market Court impose prohibitions on instant loan company Suomen Rahoitusyhtiö Oy, debt collecting agency Rq Tieto Oy, law firm Hasa Bros, and Oy and two accountable individuals A and B, for their loan granting and debt collection procedures taken place in 2014 and 2015. The Market Court found that the defendants did not prove that there was genuine peer-to-peer lending in place and that full control to represent creditors in all matters related to the debt relationship had virtually been transferred to Suomen Rahoitusyhtiö Oy. Thus, the procedure was subject to Chapter 7 of the Consumer Protection Act on consumer credit. The Market Court imposed prohibitions on the defendants, except individual A, with penalty payments of EUR 100,000.

  • Taustatiedot

    Guaranteed credits of EUR 20–1,000 were offered to consumers on five different websites in 2014 and 2015, to which the general credit terms of Suomen Rahoitusyhtiö Oy in force at the time applied. According to these terms, the question was in relation to peer-to-peer lending activity, in which Suomen Rahoitusyhtiö Oy did not itself grant credits to consumers, but only acted as a system administrator. The credit agreement was entered into between individuals acting as a lender and a borrower. The condition for the grant of a credit was that the consumer takes a private guarantee for the credit or a fee-based guarantee provided by Suomen Rahoitusyhtiö Oy’s partner. In order to obtain the fee-based guarantee, the consumer must use additional messaging services provided by Suomen Rahoitusyhtiö Oy’s partner or the partner issuing the guarantee.

  • Oikeudellinen kysymys

    The question before the Market Court was whether the mandatory provisions of Chapter 7 of the Consumer Protection Act on consumer credits applied to the service. In addition, the question was whether the defendants had acted in accordance with these provisions and whether they had complied with other provisions regarding loan granting and debt collecting.

  • Ratkaisu

    The Market Court held that it was proved that none of the creditors had been independent from Suomen Rahoitusyhtiö Oy and that the right to represent the creditors in all matters related to the debt relationship transferred to Suomen Rahoitusyhtiö Oy. Therefore, the provisions in Chapter 7 in the Consumer Protection Act were applicable to the service Suomen Rahoitusyhtiö Oy had provided in 2014 and 2015. The Market Court held that the defendants had not complied with the mandatory provisions in Chapter 7 of the Consumer Protection Act, as, e.g., the effective interest rate was too high and unjustified extra charges had been collected from consumers. Additionally, the defendants had not acted in accordance with other provisions relating to loan granting or debt collecting, as e.g., Rq Tieto Oy, Hasa Bros. Oy and B, all failed to act in accordance with good debt collection practice as regulated by Section 4 of the Debt Collection Act (513/1999).

    URL: https://www.markkinaoikeus.fi/fi/index/paatokset/markkinaoikeudellisetasiat/1580899383662.html

    Koko teksti: Koko teksti

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  • Hakutulos

    The Market Court prohibited Suomen Rahoitusyhtiö Oy from (1) offering guaranteed loans where the interest exceeds the maximum credit costs referred to in Chapter 7 of the Consumer Protection Act, (2) using an additional messaging service in transactions related to the granting of consumer credit, (3) using a contractual term on the basis of which a consumer who has taken credit will have to pay a contractual penalty to the creditor in excess of the statutory delay penalties due to its late payment, and (4) using a contractual term which gives an incorrect picture of the mandatory legislation applicable to credit agreements offered to consumers. In addition, the Market Court imposed prohibitions on Rq Tieto Oy, Hasa Bros,, as well as onOy and individual B, who had had a key position in several companies, for charging interest in excess of the maximum credit costs referred to in Chapter 7 of the Consumer Protection Act. To strengthen the prohibitions, the Market Court imposed a penalty payment of EUR 100,000 to each prohibition. The judgement is final.