Bill approved by committee proposes fines for banks for unsolicited loans, with a fine of 10% on the amount
The CTFC (Commission for Transparency, Governance, Oversight and Control and Consumer Defense) approved on Wednesday (3 July 2024) a project that imposes fines on financial institutions that grant payroll loans without authorization from public servants or INSS beneficiaries.
According to the Bill 4.089/2023the fine equivalent to 10% of the amount unduly debited will be automatically refunded to the customer. The project received a favorable opinion from the rapporteur, Senator Otto Alencar (PSD-BA), and now goes to a vote in the Senate Plenary.
“The change prevents abuses, which have been common, leading the banked population into debt. Furthermore, it prevents discrimination against the elderly who seek financing.”stated Otto Alencar.
The project began to be processed in the Chamber of Deputies 17 years ago (PL 2.131/2007) It is was approved by the deputies in August of last year.
Regarding the payroll loan, the INSS beneficiary or public servant who identifies the receipt without request must request the full refund of the amounts within 60 days, free of charge, through any channel of the institution. This rule applies to financing, credit card, benefit payroll card and commercial leasing operations.
According to the text, after the request, the financial institution cannot charge fees related to these operations and is obliged to automatically refund 10% of the amount, unless it proves within 45 days that there was a justifiable error. If it is proven that there was fraud without the involvement of the institution or its managers within this period, the fine will not be applied.
Furthermore, the approved text includes a provision in the Elderly Persons Statute (Law 10.741/2003) to consider discriminatory requirements that do not apply to other groups, such as the need to appear in person at agencies or facilities.
With information from Senate Agency.
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