The issuance of a credit card requires a consumer to fill out the relevant application and to submit it to the credit institution of his choice along with the necessary documents. The unsolicited issuance of a credit card on the name of a consumer infringes his basic right of personality as set forth in the Greek Constitution and in article 57 of the Greek Civil Code.
By acting as described, the trader infringes the consumer’s financial freedom since the trader is forcing the consumer to acquire the card without prior request. Simultaneously, the trader is imposing upon the consumer a financial burden which the consumer has never accepted. Next, the consumer’s contractual freedom is breached, which would have normally allowed him to freely choose whether to contract or not, to choose the contracting party and to define the content of the contract.
It is further held that no person should be obliged to enter into a contract when he either ignores the terms of a contract or he didn’t have the chance to express his disagreement in writing. Art. 2 par 1 of the law 2251/1994 as amended by the law 3587/2007 introduced the right of pre-contractual information of the consumer according to which all the terms that the consumers ignored or all the terms that the trader omitted to indicate to the consumer, are not binding.
Moreover, article 5 par. 1 of KYA Z1-699/10 (adaptation of the Greek law to the Directive no 2008/48/EC) introduces the obligation of the credit institutions to provide all necessary information to the consumers prior to the conclusion of a credit contract in order to enable them to take an informed transactional decision. In this respect, the Act of the Director of the Greek Central Bank no 2501/2002 obliges all credit institutions to properly inform the transactional parties regarding the nature and the characteristics of the products and services as well as the terms and conditions of all banking transactions.
Finally, according to article 9g of the law no 2251/1994, using pressure towards a consumer regarding his transactional decision, a trader impairs or is likely to significantly impair the consumer’s contractual freedom and therefore this practice is an aggressive commercial practice.
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