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What it is

The bill would create a single body to complain against banks

Senate step 6 of 7 · Unfinished

It is a government bill. Introduced by the Government. It was introduced on 28 November 2022. Introduced by: Gobierno.

Official title: Government bill for the creation of the Independent Administrative Authority for the Defense of the Financial Customer for the out-of-court resolution of conflicts between financial entities and their customers.

Source: Congreso de los Diputados, file 121/000134· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would create the Independent Administrative Authority for the Defense of the Financial Customer, a public body that would resolve customer complaints against financial institutions free of charge, without the need for a lawyer or court representative.
  2. Its decisions would be binding on financial institutions when the complaint concerns breaches of conduct rules or abusive clauses and the amount is under €20,000 or undetermined. The institution would have to comply within 30 working days, and could be fined if it does not.
  3. Before going to the Authority, the customer must first complain to the financial institution's customer service department and wait one month without a satisfactory answer. After that, the customer would have one year to file the complaint with the Authority.
  4. The procedure has short deadlines: the investigation may not exceed 45 working days and the decision 20 working days, with an overall maximum of 90 calendar days. If no decision is issued on time, the complaint is deemed rejected for the purpose of going to court.
  5. If an upheld complaint has no monetary content, the decision could award the customer compensation of between €100 and €2,000. If the complainant acted in bad faith and loses entirely, a fine of €50 to €250 could be imposed.
  6. The Authority would replace the complaint services of the Bank of Spain, the National Securities Market Commission and the Directorate General for Insurance and Pension Funds, which would stop handling complaints once the new Authority starts operating.
  7. Institutions that fail to comply with binding decisions could be fined up to 2% of their annual turnover, with a maximum of €2 million for serious infringements, and their executives could also be sanctioned.
  8. The bill would strengthen personalized service in financial services, taking into account each person's age, disability, place of residence and digital skills, and would promote financial education for the most vulnerable groups.

Who it affects

  • Customers of banks, insurers, investment funds and payment services: They could complain free of charge to a single authority, without a lawyer, with decisions binding on the institution in many cases.
  • Financial institutions: They would have to take part in the procedure, pay an annual fee and comply with binding decisions, facing fines if they do not.
  • People over 65, people with disabilities and vulnerable groups: They would have adapted in-person, phone and online complaint channels, plus training programs aimed at them.
  • Large companies: They do not count as financial customers, so they could not use this system.

Words worth knowing

Resolución vinculante (binding decision)
A decision the financial institution must comply with, although it can appeal to the civil courts.
Normas de conducta (conduct rules)
Rules requiring financial institutions to treat customers properly and give them correct information.
Cláusula abusiva (abusive clause)
A non-negotiated contract term that seriously and unfairly harms the customer.
Servicio de atención a la clientela (customer service department)
Each financial institution's internal department where customers must complain first before going to the Authority.

It summarizes the text passed by the full Congreso. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 6 of 7 steps. It reached Senate, and today it is unfinished.

  1. Introduced28 November 2022Someone registers the text in the Congreso.
  2. Admitted5 December 2022The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments16 December 2022Groups propose changes.
  4. Committee23 February 2023A committee goes through the text in detail.
  5. Plenary11 May 2023All 350 deputies vote.
  6. Senate18 May 2023The Senate can pass it, amend it or veto it.
  7. BOEnot reachedIt is published in the Official State Gazette (BOE) and comes into force.
See the 12 official steps on a timeline
Nov 2022Dec 2022Jan 2023Feb 2023Mar 2023Apr 202311. 28 November 2022: Presentación22. 5 December 2022: Comisión de Asuntos Económicos y Transformación Digital Publicación desde 05/12/2022 hasta 16/12/202233. 5 December 2022: Calificación44. 5 December 2022: Mesa del Congreso Calificación por Mesa sin reunión desde 05/12/2022 hasta 05/12/202255. 16 December 2022: Comisión de Asuntos Económicos y Transformación Digital Enmiendas desde 16/12/2022 hasta 23/03/202366. 23 February 2023: Comisión de Asuntos Económicos y Transformación Digital Mesa - Calificación desde 23/02/2023 hasta 23/02/202377. 23 February 2023: Comisión de Asuntos Económicos y Transformación Digital Debate de totalidad desde 23/02/2023 hasta 09/03/202388. 23 March 2023: Comisión de Asuntos Económicos y Transformación Digital Informe desde 23/03/2023 hasta 09/05/202399. 9 May 2023: Comisión de Asuntos Económicos y Transformación Digital Dictamen desde 09/05/2023 hasta 11/05/20231010. 11 May 2023: Pleno Aprobación desde 11/05/2023 hasta 18/05/20231111. 18 May 2023: Senado desde 18/05/2023 hasta 30/05/20231212. 30 May 2023: Concluido - (Caducado) desde 30/05/2023 hasta 16/06/2023

18 May 2023

How did the plenary vote?

More votes in favour 186 yes · 47 no · 95 abst.

Voted on: Vote on the Report on the Government Bill creating the Independent Administrative Authority for the Defense of the Financial Customer for the extrajudicial resolution of conflicts between financial entities and their customers, taking into account the distributed technical corrections.

This law had 48 votes; this is the latest with every deputy’s vote. See them all

Source: Congreso de los Diputados, vote 69 of sitting 262· updated 10 Nov

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Your province

How did the deputies from your province vote?

And your senators: the Senate does not link its votes to this law in its open data, so we cannot put them side by side here.

Or see how most of each province voted
More details: how each group and each province voted

The groups

Who voted in favour and who against?

In favour, most of Euskal Herria Bildu, Republicano, Socialista, Vasco (EAJ-PNV), Ciudadanos, Gcup-ec-gc and GPlu. Against, most of VOX. 9 deputies voted differently from their group.

By province: in 31 most voted in favour; in 1, against.

Coloured by how most of each province’s deputies voted.

  • In favour: 31
  • Against: 1
  • Abstained: 3
  • Tie: 17
Result by parliamentary group
GroupSeatsHow it voted
Euskal Herria Bildu5
4 in favour · 1 did not vote
Republicano13
12 in favour · 1 did not vote
Socialista120
119 in favour · 1 did not vote
Vasco (EAJ-PNV)6
5 in favour · 1 did not vote
Mixto11
2 in favour · 1 against · 3 abst. · 5 did not vote
Ciudadanos9
8 in favour · 1 did not vote
Gcup-ec-gc33
27 in favour · 6 did not vote
GPlu12
7 in favour · 3 abst. · 2 did not vote
Popular en el Congreso88
88 abst.
VOX52
2 in favour · 46 against · 1 abst. · 3 did not vote

What happens next

What happens now?

The legislature ended before it finished. To go on, someone would have to introduce it again in the new Cortes.

It was presented again:

The same initiative in the other chamber:

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.