Recently, we have seen complaints from bank customers about the so-called quasi-cash fees on debit cards. As the name itself suggests, these are payments to services that allow the withdrawal of money into cash (transfer to an e-wallet, payment of traveler's checks, transfers to bookmakers and the purchase of cryptocurrency and other transactions).

At the moment of payment, clients receive a message with a code and nowhere was it said about the fee, and as a result the bank writes off additional funds.

Mikhail Chernyshev, A.T.Legal expert and Head of Practice, explains how acceptable it is to charge the described quasi-cash fees when making debit and payroll card transactions with banks. Is it acceptable not to inform the client at the moment of transaction about fee charging before the payment is made? Is a person who has several cards of different banks practically able to memorize all operations for which a fee can be charged according to the bank rules? Or does this need to be clearly communicated to the consumer? 

Mikhail Chernyshev: "All the expressions of dissatisfaction with the fee for "quasi-cash" transactions that we studied were made by clients of Alfa-Bank JSC.

However, there are no violations of the bank. The bank complies with all the rules established by law, the Bank of Russia and the internal documents of the bank itself.

The client in this relationship with the bank is really a weak party, because sometimes the client is physically unable to calculate all the consequences of their transactions. Over 30 years of operation the bank has brought the volume of its contractual and tariff conditions with individuals to almost 450 pages of small text, which makes it almost unrealistic for a future client to study in advance all the details of his future interaction with the bank.

By virtue of p.1 Article 851 of the RF Civil Code, in cases stipulated by bank account agreement, the client pays for the bank's services to perform operations with funds in his account.

JSC Alfa-Bank established that the client is a physical person who has joined in accordance with Art. 428 of the Civil Code to the Agreement on integrated banking services (IBS) of individuals (187 pages of fine text). The IBS Agreement contains 176 references to the Bank's Tariffs (255 pages of fine text), the last revision of which was dated April 13, 2020.

Article 47 of the Tariffs establishes the concept of "quasi-cash" transactions. It is a transfer of funds with the use of a payment card, as well as with the use of details of a payment card or card token, the purpose of which is to receive cash funds by the Client.

According to p. 1.5 of Regulation of the Bank of Russia dd. No. 266-P "On issue of payment cards and transactions with their use", a "payment card" refers exactly to a "debit card". 

Neither the said Regulations, nor Provision of the Bank of Russia dd. NO. 383-P "On the rules of the transfer of funds", nor the Law on Banks and Banking Activity and the Civil Code does not contain any indication that the issuing bank before transactions with cards must notify its customers of the impending debit fee. By virtue of p. 4, Article 9 of the Law on the National Payment System, money transfer operator is obliged to inform the client about each transaction using electronic means of payment by sending appropriate notification to the client in the manner prescribed by the contract with the client.

Paragraph 1.1.24 of the Tariffs establishes the fee charged by the bank for "quasi-cash" transactions: it is charged when the transaction amount is more than 500 rubles at a rate of 1.99%, but not less than 199 rubles. The fee is deducted by the Bank without any further instructions (acceptance) from the Client. Alfa-Bank JSC does not charge fee for "quasi-cash" operations performed at terminals and ATMs.

Conclusion: If you do not like the policy of Alfa-Bank JSC, which charges a fee for "quasi-cash" transactions - do not perform such operations, or make them through an ATM, or choose another bank" - said the lawyer.

Read more on the Kommersant website 

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