The Financial Client Authority faces its first examination in Congress with the banking sector against it

March 5 () –

The bill creating the Financial Client Authority, a new supervisory body with which the Government wants to unify criteria to resolve claims and disputes between clients and banks out of court, faces its first examination this week in the Congress with the debate and vote on the full amendments registered by Esquerra Republicana (ERC) and Vox, which request their return to the Executive.

The debate comes to Congress after the banks have expressed their disagreement with the rate of 250 euros that, according to the project, the entities must pay for each claim that is admitted for processing.

The ERC and Vox return amendments, which will be voted on next Thursday, are based on the idea that the new body being prepared by the Government is not necessary, either because the current system works or because there are other ways that do not imply the creation of a new entity.

In the case of Catalan training, they understand that it would be enough to make existing alternative conflict resolution systems mandatory, such as consumer arbitration. On the part of Vox, they believe that the system of extrajudicial claims fulfills its function “in an efficient and effective way”.

ONE AGENCY TO SUPERVISE THEM ALL

Specifically, the new agency would assume the functions that now fall to the National Securities Market Commission (CNMV), the Bank of Spain and the General Directorate of Insurance and Pension Funds, the latter body reporting to the Ministry of Economic Affairs.

To finance this new supervisory body, the Government proposes a fee of 250 euros that banks should pay in the event that a customer claim is admitted for processing by this body.

This has been the point most questioned by the experts who have appeared in recent days in Congress. Especially from the bank, which has warned of the possibility that claims for an amount less than those 250 euros could be admitted for processing and thereby cause an increase in these complaints from customers.

This was stated by the general secretary of the Spanish Banking Association (AEB), Javier Rodríguez Pellitero, who even went so far as to say that the new agency could be unconstitutional, both due to the invasion of jurisdiction in judicial matters and the rate of 250 euros.

FEAR OF A LAWSUIT INDUSTRY

And it is that, despite the fact that the Government believes that with the aforementioned rate it would discourage going to court, from the banking employers they believe just the opposite.

In fact, Rodríguez Pellitero warned about the risk of this rate causing a so-called effect of the “litigation industry” against banks. This “industry” that Pellitero referred to is made up of lawyers for clients who insist on litigating with banks for their own benefit.

In this way, the representative of the bank explained that it may be the case of a claim campaign articulated by a group of clients against a “perfectly lawful” commission for an amount lower than the rate, so that the bank in question would have to choose between paying those 80 euros, despite everything being in order, or paying 250 euros of the fee once the claim has been filed with the Authority.

The Governor of the Bank of Spain, Pablo Hernández De Cos, also spoke on this matter, who also pointed out that this Authority could cause an increase in conflicts between banks and their clients.