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Flex commission class action against big banks begins
Proceedings against two of Australia’s largest banks over a car dealer commissions controversy, which allegedly left consumers out of pocket millions of dollars, are underway.
Jack Campbell
Editor’s note: This story first appeared on Lawyers Weekly’s sister brand, Broker Daily.
Yesterday (Monday, 14 October), the flex commission class action got underway in the Victorian Supreme Court against Westpac Banking Corporation and St George Finance and Macquarie Leasing.
According to Maurice Blackburn Lawyers, the flex commission arrangements “allowed car dealers to set the interest rate and loan term on car loans. The higher the interest rate and the longer the loan term, the greater the commission received by the dealer. These arrangements were banned by ASIC on 1 November 2018 and were a subject of inquiry at the financial services royal commission.”
The plaintiffs are alleging that the banks’ use of flex commissions was unfair and unlawful by charging consumers higher interest rates on car loans.
“This is a group proceeding (class action) brought on behalf of persons who entered into car loans issued under Westpac or St George Finance’s credit licence, in the period 1 March 2013 to 31 October 2018, with respect to which a ‘flex commission’ was paid to the car dealer,” said the Supreme Court of Victoria in a statement.
“The claim alleges that car dealers acted on behalf of Westpac and St George Finance in providing certain credit services to group members who took out car loans with those dealers. The claim alleges that the terms of those car loans relating to the ‘flex commissions’ constituted ‘unfair conduct’ for the purposes of the National Consumer Credit Protection Act.”
“It is also alleged that Westpac and St George Finance engaged in misleading or deceptive conduct by failing to disclose to those borrowers certain matters concerning the loan agreements. The claim seeks to restrain the lenders from charging further interest, the repayment of interest under the loans or alternatively seeks court orders voiding the loan agreements or providing compensation to group members.”
The joint trial is seeking compensation for thousands of consumers. Maurice Blackburn’s national head of class actions, Rebecca Gilsenan, called the alleged misconduct “predatory”, especially amid a cost-of-living crisis.
“We are fighting for customers of Westpac and Macquarie to be justly compensated for secret commissions paid by the banks that had them overpaying because of predatory caryard finance practices,” Gilsenan said.
“Class actions like this are the only way that many victims of egregious corporate misconduct are able to pursue compensation or recover money that is rightfully theirs. Increasingly, these rights are under attack by corporate interests that want to deny everyday Australia’s access to justice and shield themselves from accountability.”
The trial is expected to run for seven weeks.
The commencement of the trial follows last week’s settlement, by ANZ, of the Esanda flex commission class action brought against it in 2020, for $85 million.
