By Sonja Salzburger
If you don’t complain, you agree – banks and savings banks have been acting by this motto for many years. In the event of changes to the general conditions, such as the introduction or increase of fees for the current account, financial institutions have informed their customers and granted an opposition period. If customers don’t object, banks take it as approval. At the end of April this year, the Federal Court of Justice (BGH) ruled: This so-called “fictitious consent” is inadmissible. Banks must expressly agree to price increases with their customers and obtain their consent. It also means that financial institutions are now forced to reimburse illegally agreed fees.