• The President of UOKiK has issued a commitment decision against Pekao S.A.
• The bank on a mass scale failed to meet the deadlines for responding to complaints and did not explain the reasons for the delay.
• Customers waited unsuccessfully for the resolution of their complaints – now they will receive compensation. The bank has set aside nearly PLN 100 million for this purpose.

President of UOKiK Tomasz Chróstny issued a decision obligating Bank Pekao S.A. to remedy the effects of the violation, including paying compensation to consumers. The decision is the result of proceedings initiated following numerous reports from consumers who complained that the bank was not responding to complaints within the deadlines specified in the regulations.

In the years from 2021 to 2023, Bank Pekao S.A. may have exceeded the statutory deadlines for complaint resolution. During the proceedings, the Office determined that these were not isolated cases or delays of several days. The practice was of systemic nature, with delays exceeding 60 days, and the longest exceeding a year.

– Keeping customers in prolonged uncertainty in matters concerning their money is unacceptable. The practices employed by Bank Pekao S.A. in handling complaints could seriously violate consumer rights and undermine the credibility of banks as institutions of public trust. The prolonged complaint resolution procedure actually worsened the financial situation of consumers – explains President of UOKiK Tomasz Chróstny.

Lack of tangible explanations

The bank sent to customers who filed a complaint a ready-made information about extending the deadline for considering their complaint - without providing any substantive indication of the reason for the delay or the circumstances; the bank limited the explanation to a general statement that the matter was complex and required internal arrangements. The complaining consumers described in detail the problems they encountered in their dealings with the bank, for example: Please take a closer look at the complaints procedures of Bank Pekao S.A. (…) The complaint was filed on 24 October, and according to the regulations, the bank has one month to issue a decision. A month later, I received a letter stating that they were granting themselves, without providing a reason, an additional month to consider the matter. This would have meant a finalisation on 24 December 2022. Unfortunately, this deadline was not final either. (…) Since the end of January, I have been submitting reminders every week via the hotline, and the persons claim that my case will be treated as a priority, but another month has passed and nothing has happened.

As the explanation of the reasons for the delay, consumers received only a paraphrased version of the statutory provision, which gave the impression that the bank had met the formal requirement for extending the deadline.

For whom and how much?

Compensation will be provided to Pekao S.A. customers whose complaints were not responded to within the statutory 30-day period between 2019 and 2023. The compensation amount will depend on whether the complaint was approved or rejected, and on the length of the bank’s delay in responding. In the case of approved complaints, the compensation will be PLN 300 or PLN 600, and for rejected complaints, PLN 1,500 or PLN 2,500. If the consumer submitted more than one complaint, they will receive a single compensation payment – the higher amount.

Example: If a consumer submitted three complaints between 2019 and 2023, one of which was approved within 45 days and two of which were rejected within 75 days – they will receive a single compensation payment of PLN 2,500.

Bank Pekao S.A. has reserved an amount of almost PLN 100 million for payments of compensation to consumers.

Rules of payment

The consumers should take action after the decision of the President of UOKiK becomes final. They have one month from the date the decision is delivered to the bank to do so. After this period, Bank Pekao S.A. has three months to inform all eligible customers of the compensation they are entitled to. Current customers will receive a message via online banking, the app, e-mail, or a letter, depending on which of those is the current method of bank-customer communication. Former customers will receive a letter to the last mailing address known to the bank. Pekao S.A. will repeat the information twice more, at specified intervals.

To receive the compensation, the customer will need to confirm their willingness to accept it and provide their tax settlement details. Each consumer will have six months from receiving the information from the bank to do so. In line with tax interpretations, the payments are taxable, so the bank will only be able to make the transfer after receiving this information. The customers will then receive a PIT-11 form from the bank so they can settle this amount in their annual tax return.

For former customers, they will also be required to provide the account number to which the funds should be transferred.

Possibility of resubmitting a complaint

At the same time, regardless of the compensation received, individuals whose complaints were previously rejected will be able - after receiving a communication from the bank - to request a reconsideration of their case. The exercise of the right to compensation provided for in the decision of the President of UOKiK or the reconsideration of a complaint does not deprive the consumer of the right to pursue further claims against the bank through court or by mutual agreement.