§ 4-27. Right to get back money taken by a payee (direct debit)

The Financial Contracts Act (Finansavtaleloven)·LOV-2020-12-18-146

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In brief

The text of the law (unofficial translation)

§ 4-27. The payer's right to a refund for direct debits

(1) The payer's payment service provider (betalingstjenesteyter) shall refund the full amount of a payment transaction (betalingstransaksjon) and lost interest when the payment transaction was initiated by or through the payee and the payer can show that
  1. the payer did not approve the exact amount of the payment transaction, cf. § 4-2, and
  2. the amount exceeded the amount the payer could reasonably have expected based on his previous spending pattern, the terms of the account agreement and the other circumstances.

Changes in the exchange rate cannot be relied on under letter b if the rate was calculated on the basis of an agreed reference exchange rate, cf. § 3-15.

(2) Unless terms as mentioned in the third paragraph have been agreed, the payer may demand a refund of a previously approved payment transaction initiated by the payee. The refund claim must be made to the payer's payment service provider no later than eight weeks after the debit date. The payer's payment service provider shall refund the full amount and the lost interest within ten days after the claim was received.
(3) In the account agreement, the payer and the payer's payment service provider may agree on terms that the payer has no right to a refund if consent to carry out the payment transaction was given directly to the payer's payment service provider and, where relevant, information about the future payment transaction was given or made available to the payer at least four weeks before the due date by the payment service provider or the payee.
Source: Lovdata — Finansavtaleloven (the Financial Contracts Act) § 4-27

What does this mean?

This section applies to payments that the payee initiates or that go through the payee, for example a direct debit (direktebelastning) where the payee takes the amount from the account. Under the first paragraph, the payer's bank must refund the full amount and the lost interest if two conditions are met. First, the payer must not have approved the exact amount. A payment is approved only when the payer has consented to it being carried out. Second, the amount must have been higher than the payer could reasonably expect based on previous use, the account agreement and the other circumstances. The payer must be able to show this himself.

Exchange rate fluctuations do not give a right to a refund under this rule when the exchange rate is based on an agreed reference exchange rate. That is a rate the bank itself makes available, or one that comes from a publicly available source.

The second paragraph gives a broader right. Unless the account agreement has a limitation as mentioned in the third paragraph, the payer can also reclaim payments he actually approved, when the payee initiated them. The claim must be made to the payer's bank no later than eight weeks after the debit date. The bank then has ten days to refund the full amount and the lost interest.

The third paragraph lets the parties agree that this right lapses in certain cases. This applies when consent was given directly to the payer's bank and, where relevant, when information about the upcoming payment was given or made available at least four weeks before the due date.

This section differs from § 4-30, which concerns losses from transactions that were not approved. Here the payment is often approved to begin with, but the amount or the debit comes as a surprise. Liability for carrying out payments that the payee initiates is governed by § 4-29, while § 4-28 concerns payments the payer initiates himself. Section 3-31 is titled "Information on security and liability etc. when using payment services (betalingstjenester)", and § 4-47 concerns geographical scope.

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