§ 4-45. When the bank can block payment cards and other payment instruments (betalingsinstrumenter)

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

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In brief

The text of the law (unofficial translation)

§ 4-45. Blocking

(1) The payment service provider (betalingstjenesteyteren) may, in the account agreement (kontoavtalen), reserve the right to block a payment instrument for objectively justified reasons relating to the security of the payment instrument or suspicion of unauthorised or fraudulent use. For a payment instrument to which credit is linked, the payment service provider may also reserve the right to block the instrument where there is a significantly increased risk that the customer (kunden) cannot fulfil their payment obligation.
(2) The payment service provider shall, in the agreed manner, notify the customer before blocking under the first paragraph and shall at the same time state the grounds for the blocking. If it is not possible to notify the customer before the blocking is implemented, the customer shall be notified immediately after the blocking.
(3) When the reason for the blocking no longer applies, the payment service provider shall lift the blocking of the payment instrument or replace it with a new one. The customer shall, in the same way as notice is given under § 4-24 first paragraph, be able to request that the blocking of the payment instrument be lifted.
Source: Lovdata — Finansavtaleloven (the Financial Contracts Act) § 4-45

What does this mean?

This section allows the bank to shut down a payment instrument. This right must have been included in the account agreement in advance. The reason must be objective and relate to the security of the instrument, or to suspicion of use that is unauthorised or fraudulent. If credit is linked to the instrument, the bank can also block it when there is a significantly higher risk that you cannot pay back.

The bank must notify you before the blocking in the agreed manner, and at the same time say what the reason is. If the bank cannot notify you in advance, you must be told immediately after the blocking has been put in place. If the reason no longer applies, the bank must lift the blocking or give you a new payment instrument. You must also be able to ask for the blocking to be lifted, in the same way as you notify the bank under § 4-24 first paragraph. Example: the bank suspects that an instrument is being used without the owner having authorised it. If blocking has been agreed, the bank can shut it down, and the customer must be notified in the agreed manner, or if necessary immediately afterwards.

Under § 4-24 first paragraph, you must give notice without undue delay when you discover loss, theft or unauthorised use of the instrument. This is the same notification channel that is used when you want the blocking lifted. Blocking is also mentioned in § 4-43, which allows the bank to give notice of termination (oppsigelse) of the account agreement or shut off access to the services when there is a valid reason. The mandatory rule in § 1-9 and § 3-31 (information about security and liability when using payment services (betalingstjenester)) both refer to this section.

Related sections
All sections of the Financial Contracts Act →