The Spanish Supreme Court has issued a historic ruling, for the first time upholding a class action lawsuit by consumers against practices related to revolving credit cards. The case, filed by the Financial Users Association (ASUFIN) against Carrefour concerning the Carrefour Pass card, sets an important precedent in the financial services market. The court found that the method of offering and selling these cards, often at supermarket checkouts, could mislead customers. The February 17, 2026 ruling is final, paving the way for mass claims for refunds of overpaid interest by hundreds of thousands of cardholders.
First Collective Victory for Consumers
The Spanish Supreme Court has for the first time in history upheld a class action lawsuit (so-called demanda colectiva) in a credit card case. The decision sets a legal precedent and strengthens the position of consumers in disputes with large financial institutions concerning unfair contractual clauses.
Controversial Checkout Sales
The court found the method of distributing Carrefour Pass cards to be flawed and potentially misleading. These cards were often offered to customers directly at supermarket checkout lines, as part of loyalty programs, which could blur their character as a high-risk credit product.
Path to Mass Claims
The court victory for the ASUFIN organization initiates a process of collecting data from affected consumers to file collective claims. The goal is to recover interest charged based on the contested contractual clauses. It is estimated that at its peak, there could have been around 1.5 million such cards in circulation.
Criticism of Revolving Cards
The case highlights long-standing controversies surrounding revolving-type cards, which offer an open credit line but often come with a very high effective annual interest rate (APR). This mechanism can lead to a debt spiral, as payments mainly cover interest, not the principal.
Signal for the Entire Sector
The ruling sends a clear warning signal to the entire Spanish financial sector, including banks and loan companies that use similar sales models or controversial contractual clauses in consumer credit products.
The Spanish judiciary has made a breakthrough in consumer protection, curbing unfair practices in the retail credit market. The Supreme Court in Madrid, in its February 17, 2026 ruling, has for the first time in history upheld a class action lawsuit (demanda colectiva) against practices used in the sale of revolving credit cards. The defendants in this precedent-setting case are the French retail giant Carrefour and its financial subsidiary responsible for issuing the Carrefour Pass card. The lawsuit was filed by the Financial Users Association (ASUFIN), a consumer organization that has long criticized the terms of these products. The core of the case resolved by the Supreme Court was the method of offering and selling Carrefour Pass cards. The judges ruled that the practice of proposing the card to customers directly at supermarket checkouts, often as part of a loyalty program or as a quick way to get a discount, could mislead consumers about the nature of the obligation being incurred. This sales context – at the place and time of everyday shopping – could obscure the fact that the customer was acquiring a high-cost credit product, not merely a discount card. The court upheld previous case law, challenging specific, abusive contractual clauses typical of revolving cards, concerning, among other things, the method of interest calculation and early repayment conditions. Revolving credit cards, also known as charge cards, constitute a specific financial product that became widespread in the late 20th century. Unlike classic cards, which require repayment of the full debt within a billing cycle, they offer a permanent, renewable credit line. Repayment is made in installments, which often cover mainly interest, and given the high effective annual interest rate (APR), this can result in long-term debt and the so-called credit spiral effect. In many European countries, including Poland, competition and consumer protection offices (UOKiK) have repeatedly intervened against practices related to these products. „Estas cantidades (intereses) dependerán de lo que cada uno de los clientes hayan contraído en crédito, que puede llegar a multiplicar por dos o tres el capital dispuesto” (These amounts (interest) will depend on what each of the clients have incurred in credit, which can multiply the capital used by two or three times) — ASUFIN The ruling is final, as the Supreme Court did not allow Carrefour's cassation appeal, which closes the path for further appeals and solidifies the court's position. This decision has direct and far-reaching practical consequences. Primarily, it formally opens the door to mass claims. ASUFIN has announced the start of an information campaign and a process of collecting data from all affected Carrefour Pass cardholders. The goal is to file, on behalf of the consumers who come forward, claims for the refund of interest charged based on clauses deemed unfair. The scale of potential claims is enormous. According to estimates by the organization itself, at its peak, around 2019, there could have been up to 1.5 million Carrefour Pass cards in circulation, and the total value of loans granted through them reached 3 billion euros. 1,5 mln — Carrefour Pass cards in circulation at peak The precedent-setting nature of the ruling, however, extends beyond the case of a specific company. It sends a clear signal to the entire Spanish financial sector, where revolving cards have operated for years, often criticized for unclear terms and high costs. The Supreme Court's decision strengthens the arguments of consumers and their representatives in similar, ongoing or future disputes with other banks and lending institutions. It may also accelerate actions by the financial market regulator and prompt companies to voluntarily review their own practices and contractual clauses to avoid costly class actions. In a broader perspective, the Spanish case may become a reference point for consumer organizations in other European Union countries, where the problem of abuses with revolving cards is also present.
Mentioned People
- ASUFIN (Stowarzyszenie Użytkowników Finansowych) — Consumer organization that filed the class action lawsuit against Carrefour on behalf of the affected parties.