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The Councilor for Consumption of the City Council of Cieza explains that with the reform of the sanctioning regime promoted by Minister Alberto Garz n, it is considered an infringement that companies "do not eliminate the effects caused by abusive clauses." The Official State Gazette (BOE) published last Wednesday, December 23, a modification of the General Law for the Defense of Consumers and Users that will make it easier for clients who are victims of abusive clauses to recover money that was improperly charged without going to court to do so.

In this way, the consequences to which the issuing entities of said type of illicit collections are refusing to refuse the refund. In this regard, in a press release, the Councilor for Consumption of the City of Cieza, Francisco Saor n, has reported that it is a reform of the sanctioning regime of this regulation in which it is considered as an infringement that the companies "do not eliminate the effects caused by abusive clauses." "The declaration of a clause as abusive supposes its nullity with retroactive effects.

Therefore, companies are obliged, not only to stop including that clause in new contracts, but also to return everything collected in the past illegally, "explains the statement from the Councilor for Consumption. The mayor specifies that this reform will allow sanctioning those commercial firms that are not "proactive" when it comes to compensating consumers in cases of abusive clauses. "With this measure, does the Government require the Councilor for Consumption- it is intended to guarantee the recovery of the money unduly charged to customers, because when a clause is declared abusive, it is null and void with retroactive effects, so that the companies not only have to renounce them in future contracts, but they are obliged to return everything collected under their protection illegally.

" "Due to the statute of limitations, on many occasions these clauses could not be prosecuted, even if their effects persisted.

Now, even though the inclusion of the abusive clause has prescribed, if its past effects have not been compensated, they will continue to be sanctioned.

" In addition, as this type of infractions of consumer regulations can be sanctioned by the Autonomous Communities, the limitation periods prevented them from being prosecuted, something that is now modified to be able to undertake the sanction although the clause has prescribed, as long as its effects remain uncompensated. Finally, Saor n has insisted that the Ministry of Consumption guarantees that banks do not incorporate abusive clauses into their contracts again and has encouraged all those who have been subjected to abusive clauses to report their situation before the competent bodies.

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Source: Ayuntamiento de Cieza