CREDIT CARD CLASS ACTION
In light of the High Court’s decision on 27 July 2016 that late payment fees are not a penalty and therefore enforceable, we are no longer accepting registrations for the proposed class actions against GE Capital and HSBC.
Credit card companies routinely charge their customers late fees for not paying bills on time.
Australian consumers have had enough and have been banding together to say, “No more late fees!”
Courts even agree that certain late payment fees can be unlawful penalties.
But big business will not let go of their late fees easily and a recent decision held that certain bank late payment fees are not unlawful.
Together we can still make credit card companies accountable to their customers and put a stop to excessive late fees once and for all.
See if your credit card is eligible and sign up for our proposed class action to try and get back your late fees.
Which credit cards are eligible?
If you have, or have previously had, any of the following credit cards, then you can register for the late fees class action.
If you have ever purchased goods or services with an interest free period, no repayment period or on a payment plan, you have most likely been issued with one of these cards. We have included the major retailers through which these credit cards are issued, and you can see a more detailed list of retailers here. Not every retailer is listed however, and we recommend you look at your credit card or credit card statements to see if you have one of these credit cards.
|Credit Card||Key Retailers|
|- GEM Visa
- GO! MasterCard
- Buyer's Edge
- BBQ Galore
- Bing Lee
- Fantastic Furniture
- Harvey Norman
- Nick Scali
- Rebel Sports
- The Good Guys
|- Myer Visa||- Myer|
|- Myer Card||- Myer|
|- Coles MasterCard (rewards)||- Coles|
|- Coles MasterCard (no annual fee)||- Coles|
|- Coles MasterCard (issued prior to 1 Feb 2001)||- Coles|
|- GE CreditLine||N/A|
|- 28 Degrees Platinum MasterCard||N/A|
|Credit Card||Key Retailers|
|- HSBC||- Bing Lee
- Dare Gallery
- Forty Winks
- IKEA (WA/SA only)
- JB Hi-Fi
- Sony Centre
- Super A-Mart
|- HSBC Platinum Credit Card
- HSBC Platinum Quantas Credit Card
- HSBC Premier World MasterCard
- HSBC Visa Classic
- HSBC Gold
|- Woolworths Credit Cards (for late fees incurred before 30 June 2014)||Woolworths credit cards were issued and managed by HSBC until last year. If you paid a late fee on a Woolworths credit card before 30 June 2014 you are eligible to participate in the HSBC class action.|
Credit card companies have collected hundreds of millions of dollars in late payment fees, often from the people who can least afford them.
HSBC has been charging their credit card customers a flat fee when a bill is paid late. This flat fee is current $30, with this being payable on or after the day an amount is due for payment and has not been paid. Similarly, GE Capital charges a flat rate late payment fee of $25 per late payment across all of their credit cards.
BASIS OF ACTION
ACA Lawyers alleges that credit card late payment fees are an unlawful penalty. Customers are entitled to be reimbursed for the fees they have been forced to pay their credit card companies which exceed the true cost to the finance provider.
ACA Lawyers, with funding from Harbour Litigation Funding, is proposing to launch class actions against both HSBC and GE Capital to recover late payment fees on behalf of customers who register to participate in the claims.
There are no upfront costs, with Harbour covering the legal costs of the class actions. If the claims are successful, Harbour will be entitled to a percentage of the damages which are awarded.
Although the court has determined that late payment fees can be unlawful penalties, a recent decision held that certain bank late payment fees are not unlawful. This decision has been appealed to and heard by the High Court of Australia, and we are awaiting the High Court's decision on the appeal.. Regardless, other late fees could still be found to be unlawful, and we are continuing to investigate and accept registrations for the proposed credit card class actions.