The court questioned an expertise carried out in the case because misinterpreted interest cap authorized by credit card rules and stated that the entity breached the duty of information that imposes the Law 24,240 on Consumer Protection.
The claimant had argued that the Credit Card Law sets a 25% cap and that what they overcharged not only financially harmedbut also in his daily lifeaffecting your Health.
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the chambermaids Rafael Barreiro and Alejandra Tevez They remarked that this percentage is the maximum banks can add at the rate that applies to the operations of personal loans in current currency for clients and, regarding the alleged psychological damage, pondered a report by an expert according to which the plaintiff I had not suffered damage in that sense.
“It is clear and evident -they added- that the aforementioned percentage is not a limit in itself but rather depends on the rates applied by the issuer for personal loan operations in pesos to its clients, therefore, to determine the existence of an excessive rate the rate applied by BBVA should have been proven for personal loan operations in pesos month by month; and which one applied to the debit balance” that had CSD
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By partially admitting the claim, the judges recalled that the article 42 of the National Constitution establishes that “consumers and users of goods and services have lawin the relation of consumption, to the protection of your health, safety and economic interests; to one accurate and accurate information; to freedom of choice Y conditions of fair and dignified treatment“.
The amounts collected in excess -which must be determined- “will accrue interests from the date on which “the collections” were made and until their effective payment, to the active rate set by Banco de la Nación Argentina for its 30-day discount operations,” the sentence stated.
Source: Ambito
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