Free loan sanction on the rise. Lawsuits continue to grow at a double-digit rate

The number of court cases for free loans is approaching 20,000, according to an analysis by Bankier.pl. Data from banks' stock exchange reports indicate that the pace of the inflow of lawsuits is slowing down, but remains in the zone of double-digit dynamics.

“It is probable that a 'new business model' is being created in the area of ​​law firms, which involves questioning consumer loan agreements” – this is how one of the banks informs shareholders about the sources of the forecasted increase in the number of cases involving the so-called free loan sanction. A similar theme can be found in many quarterly reports recently published by listed banks. A topic that did not exist a few years ago now has a separate subchapter in company documents.

Let us recall that the free loan sanction is a kind of “bogeyman” provided for in the Consumer Credit Act. If a bank or other lender fails to fulfill information obligations or omits important elements in the contract, the borrower has the right to return the borrowed funds without interest or fees. The list of offenses triggering sanctions is described in the legal act constituting the foundations of the consumer finance market in Poland. Although it has been in force since 2011, SKD began to be used more frequently relatively recently.

As bankers complain, the topic was “created” by law firms and other entities specializing in court battles with banks. Many companies began to buy (on an assignment basis) already repaid loans, detect minor or major errors in contracts and ask lenders for the collected financing costs. The result is an increasing number of cases in courts. Banks usually question the demands made to them.

More than twice as many cases than last year

At Bankier.pl we follow data on disputes over free loan sanctions presented by banks listed on the Warsaw Stock Exchange. Exactly a year ago, most institutions remained silent on the topic in their quarterly reports. Only 5 banks presented data at that time. Three months later, each of the banking companies “confessed” to their shareholders about their problems with SKD.

At the end In Q3 2025, banks participated in 19,085 cases regarding free loan sanctions. Compared to the previous quarter, this means an increase in the number of disputes by 13.4 percent Year-to-year comparisons are only possible for institutions reporting data at that time. The dynamics of the inflow of cases in this sector of the banking market fluctuated from 85 percent (Alior Bank) to just over 100 percent (in PKO BP, Bank Millennium, BNP Paribas Bank).

The order in the table has not changed since the end of 2024. First place goes to PKO Bank Polski (6.1 thousand disputes), second place to Alior Bank (4,027 cases), and third place to Santander Bank Polska Group (2,778 lawsuits).

Total value of the items in dispute exceeded PLN 0.5 billion. The given number does not include only the matters in which Bank Millennium and ING Bank Śląski are involved. These institutions do not provide this indicator in their reports.

Some banks publish the results of court battles

Bankers have repeatedly, also through their representatives from the Polish Bank Association, pointed out that most claims in the category of free loan sanctions are groundless. However, only some lenders publish more detailed settlement statistics.

“As of September 30, 2025, 110 court cases regarding free loan sanctions were legally concluded. In 86 cases, judgments were passed in favor of the Bank, and in 7 cases, judgments were unfavorable. 17 proceedings ended favorably for the Bank for other reasons, including the withdrawal of the claim by the client,” the report indicates. mBank.

“As of September 30, 2025, 304 cases have been legally concluded, in 267 cases the Bank won the dispute and lost in 37” – informs Bank Millennium. It is equally precise Bank Pekaopointing out: “by September 30, 2025, 90 cases were finalized, of which 78 proceedings resulted in judgments favorable to the Group and 12 proceedings that were unfavorable.”

The results are discussed in general terms BNP Paribas Bankpointing out that “previous case law is overwhelmingly favorable to the Bank. Of all the cases pending against the Bank: 850 are in the first instance, 201 are in the second instance, and 227 have been legally concluded.” He speaks in a similar style ING Bank Śląski: “As of September 30, 2025, 33 cases had already been completed, and in the vast majority of them no irregularities were found in the contracts that would be the basis for recognizing the declaration of a free loan sanction.”

On the horizon – a new act and a series in the CJEU

The sanction of free credit remains one of the hottest topics between consumers and banks. Its definition will probably change soon thanks to the new version of the Consumer Credit Act, which the Office of Competition and Consumer Protection is working on. We presented the most important proposals in this area in the text “Free loan sanction in three flavors”.

In turn, the Court of Justice of the European Union, on behalf of Polish courts, is responsible for clarifying further issues in the current legal situation. Several preliminary questions relating to various aspects of the problem are pending. Starting with the admissibility of interest on non-interest loan costs and information obligations imposed on financial institutions (cases C-566/24 and C-744/24), ending with the admissibility of applying free loan sanctions in the event that the financial institution formally fulfilled the information obligation, but the information provided to the consumer was incorrect or unclear (case C-473/25).

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