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Consumer Credit
Australia
Davies Collison Cave
Key recent developments in the area of Technology, Media and Telecommunications are summarised below.
Herbert Smith Freehills
Consumer credit providers in Australia have been eagerly awaiting ASIC's updated regulatory guide on the responsible lending laws (RG 209), which landed on 9 December 2019
Worrells Solvency & Forensic Accountants
Article discusses how ASIC is concerned for the risk to consumers creating or exacerbating debt through new B-N-P-L options.
Worrells Solvency & Forensic Accountants
The premise of these arrangements allows consumers to obtain goods/services immediately and to pay for them over time.
Holding Redlich
The store owner's informal 'book-up' system that supplied credit to Anangu customers was not considered unconscionable.
Canada
Gowling WLG
Can a consumer enter into a valid credit contract online under Quebec consumer law? Spoiler: The answer is yes.
Croatia
Wolf Theiss
The Croatian Supreme Court rendered a new compelling decision in a long-lasting judicial process between consumers and banks concerning the validity of CHF denominated consumer loans by stating that ...
European Union
Dentons
The EU's new Credit Servicers Directive is well on its way to becoming a reality. As part of the process, the European Parliament's ECON committee recently published two reports...
GANADO Advocates
On the 19th of December 2019 (C290-19), the European Court of Justice (ECJ or the Court) gave its interpretation by virtue of a preliminary ruling on the interpretation of Article 10
Pearl Cohen Zedek Latzer Baratz
Right-to-be-forgotten is limited to the EU. The Court of Justice of the European Union (CJEU) handed down its judgment in Google's appeal against the CNIL – the French Data Protection Authority...
GANADO Advocates
The Committee on Economic and Monetary Affairs of the European Parliament has recently issued a draft report on the proposal for a directive of the European Parliament and of the Council on credit servicers, credit purchasers and the recovery of collateral.
France
Kramer Levin Naftalis & Frankel LLP
Contestation des orientations de l'Autorité bancaire européenne et avis de conformité de l'Autorité de contrôle prudentiel et de resolution
Kramer Levin Naftalis & Frankel LLP
Challenge of the guidelines of the European Banking Authority and notice of compliance by the Prudential Supervisory and Resolution Authority (ACPR)
India
Dhaval Vussonji & Associates
In contrast, the definition of operational debt is exhaustive in nature to mean inter alia a claim in respect of the provision of goods or services including employment.
Ireland
Ronan Daly Jermyn
As the tracker mortgage review continues to develop, it is becoming increasingly common for defendants in summary judgment and/or repossession proceedings to allege that the loan
Matheson
The Minister for Finance has announced Government approval to draft legislation to provide that all firms which offer personal contract plan ("PCP"),
Malta
GANADO Advocates
Following an early repayment of their loans, the consumers had assigned to Lexitor, a company governed by Polish law, their claims against the banks relating to the early repayment of the loans.
New Zealand
Duncan Cotterill
All lenders of consumer credit in New Zealand need to review and update documentation and procedures by 1 June 2020.
Duncan Cotterill
This act introduces some significant changes which will affect all lenders providing consumer credit in New Zealand.
Tabacks
A recent judgment in the Western Cape High Court deals with the limitation on collection costs that a debtor can be charged in terms of a credit agreement under the National Credit Act.
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