ANZ Settles $85 Million Dispute in Car Loan Commission Case
ANZ Settles $85 Million Dispute in Car Loan Commission Case
1
The information on this website is general in nature and does not take into account your objectives, financial situation, or needs. Consider seeking personal advice from a licensed adviser before acting on any information.
A significant settlement has been reached by financial powerhouse ANZ, totaling $85 million, concerning practices in its former car financing division.
The settlement puts an end to allegations surrounding ANZ's controversial loan commission strategy, which purportedly exploited consumers purchasing vehicles.
Bringing this issue to light, prominent law firm Maurice Blackburn Lawyers had initiated multiple class actions, implicating financial institutions including ANZ, Westpac, St George Finance, and Macquarie Leasing. The accusations centered on the employment of "flex commission" systems, which the Australian Competition & Consumer Commission (ACCC) prohibited in November 2018.
In essence, flex commissions permitted car dealerships to control the interest rates and terms of the vehicle loans they arranged. According to Maurice Blackburn, these provisions incentivized dealerships to inflate interest rates and prolong loan durations to secure more substantial commissions from banks.
"In our role as representatives of the affected group members, we contend that these commissions were not only unfair but also unlawful, leading consumers to incur inflated loan interest costs," reads a statement on Maurice Blackburn's website. "Compensation and other forms of redress are sought for those adversely impacted."
Rebecca Gilsenan, the national head of class actions at Maurice Blackburn, hailed the ANZ settlement as a transformative outcome for impacted customers. "This result represents a crucial victory for borrowers who were left paying undue amounts on their car loans," Gilsenan announced on Friday.
Gilsenan emphasized the expectation of borrowers that dealers, distinct from lenders, should provide the most competitive loan rates. She noted the positive rectification by ANZ as they accorded fairness to their past customers.
This outcome, originating from a report by NewsWire, signals the end of a lengthy legal confrontation for ANZ, occurring alongside forthcoming proceedings involving Westpac and St George Finance and Macquarie Leasing at the Victorian Supreme Court, scheduled to resume late October.
Despite agreeing to the settlement, ANZ clarified that it does not admit liability within any of the cases it resolved. "The Esanda class action concerned flex commissions applied to Esanda car loans arranged by dealers from 2011 till the end of March 2016," mentioned a statement from ANZ. Notably, the bank divested its Esanda Dealer Finance holdings in 2016, showcasing its departure from this business model.
Further, ANZ disclosed a $14 million settlement concerning another legal issue related to superannuation fund investments through its formerly owned entities, OnePath Custodians and OnePath Life.
Conclusively, the described settlements require approval from the court, maintaining ANZ's consistent stance of no liability affirmation. Responses from Westpac and Macquarie Bank remain awaited.
Published:Sunday, 6th Oct 2024 Source: Paige Estritori
Please Note: If this information affects you, seek advice from a licensed professional.
In a significant move to address the rising cost of living and intergenerational inequality, the Australian government has enacted legislation reducing student loans by 20%. This policy change, effective from June 1, 2025, results in over A$16 billion in debt relief for approximately 3 million Australians. For graduates with an average loan balance of A$27,600, this equates to a reduction of A$5,520. - read more
In a landmark ruling, Australia's Federal Court has imposed a A$20 million fine on RAMS Financial Group, a subsidiary of Westpac, for serious misconduct in its home loan practices. Between June 2019 and April 2023, RAMS engaged in activities such as using falsified payslips to approve loans, dealing with unlicensed mortgage referrers, and failing to maintain proper oversight. - read more
In its third-quarter update for 2025, ANZ Group, Australia's fourth-largest bank by market value, reported a significant rise in customer deposits and net loans and advances. Customer deposits increased by A$19 billion, while net loans and advances saw a 2% uptick. This growth is attributed to the expansion of the bank's home lending business within the domestic retail division. - read more
Financial hardship occurs when an individual is unable to meet their financial obligations due to a variety of circumstances. This could stem from a loss of income, unexpected expenses, or rising living costs that outweigh financial resources. - read more
Getting a loan approved can be a critical step in achieving your financial goals, whether it's buying a home, starting a business, or consolidating debt. However, the loan approval process can often be complex and challenging, with many Australians facing difficulties in securing the loans they need. - read more
Have you ever heard the term loan refinancing and wondered what it actually means? Simply put, refinancing a loan involves replacing your current loan with a new one, typically to take advantage of better terms, such as lower interest rates or different repayment conditions. - read more
Need Help Finding a Loan?
Find out now if you qualify and compare
rates, offers and options from multiple lenders - without a credit check!
All finance quotes are provided free (via our secure server) and without obligation. We respect
your
privacy.
Knowledgebase
Interest Rate: A rate which is charged or paid for the use of money. An interest rate is often expressed as an annual percentage of the principal. It is calculated by dividing the amount of interest by the amount of principal. Interest rates often change as a resul
