判决理由
The non-disclosure of a large commission on a PPI policy can make the relationship between lender and borrower unfair under s.140A Consumer Credit Act 1974, without the need to establish a common law or fiduciary duty to disclose.
事实
Mrs Plevin took out a loan with PPI. She was not told that 71.8% of the PPI premium was taken in commission. She claimed the relationship was unfair under s.140A CCA 1974.
判决摘要
The Supreme Court held that the non-disclosure of the large commission made the relationship unfair. The lender's failure to disclose that the vast majority of the premium was going to the intermediary as commission was sufficient.
关键引述
"The non-disclosure of the amount of the commissions was unfair within the meaning of section 140A."
— Lord Sumption
后续处理
Led to the FCA's blanket PPI commission complaints rule affecting millions of policies.