Slater and Gordon have commenced a class action against the National Australian Bank (NAB) and MLC Limited (MLC) on behalf of customers who were mis-sold consumer credit insurance (CCI) for their credit card and/or personal loan (NAB CCI Class Action).
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What is the NAB CCI Class Action about?
The NAB CCI Class Action was commenced on 27 September 2018 against NAB and MLC on behalf of persons who held CCI for their credit card or personal loan, namely:
- NAB Credit Card Cover (NAB Cover) at any time since 27 September 2012; and/or
- NAB Personal Loan Cover (NAB PLC) at any time since 13 June 2013.
The claim is based upon allegations that NAB and MLC have engaged in unconscionable conduct by selling CCI to persons who were ineligible to claim under the terms of, or otherwise highly unlikely to benefit from, the insurance policy.
It is alleged that NAB and MLC were aware the insurance policies were of little value to a number of its customers, and that it was highly unlikely they would derive a benefit from the policy. This is said to amount to unconscionable conduct in a breach of section 12CB of the ASIC act.
For example, an unemployed person would usually only be able to claim against CCI in circumstances of death, despite paying for much more comprehensive coverage that included sickness, disablement and unemployment.
Misleading and deceptive conduct
It is also alleged that NAB engaged in misleading and deceptive conduct in relation to the way CCI was sold to persons.
For example, it is alleged that NAB provided customers with misleading and ambiguous statements regarding the cost of premiums and benefits which would be provided under the policy. This is said to amount to misleading and deceptive conduct in a breach of section 12DA of the ASIC Act.
Who is the claim against?
The claim has been commenced against two respondents, namely NAB and MLC. NAB were involved in the process of contacting and selling CCI to credit card and personal loan holders, while MLC issued the policy.
Who is included in the claim?
The proceeding has been filed as an ‘open class action’. This means that you may be included in the NAB CCI Class Action if you held CCI for your credit card or personal loan, have paid a premium under that policy since 27 September 2012, and satisfied one of the below:
- Did not meet the employment criteria, for example, you were a casual, student, seasonal worker, self-funded retiree, dependent spouse or you were unemployed;
- Were employed by your family;
- Were self-employed;
- Had a pre-existing medical condition, or critical illness;
- Were under the age of 25 years when you held the policy;
- Were not an Australian resident;
- Did not know you had purchased the policy or believed that you were required to take out the policy in order to have the credit card and/or personal loan;
- Believed that there would be no cost in purchasing the policy; or
- Believed that the policy was suitable to your needs, when this was not the case.
How do I participate in the NAB CCI Class Action?
If you believe you have satisfied one of the above criteria, you may automatically be included in the NAB CCI Class Action. If you would like to register to receive regular updates regarding the Class Action, you may do so by registering below.
The proceeding is being run on a No Win No Fee* basis, which means group members will not be required to pay any fees unless the class action is successful – that is, you will never be out of pocket by registering your claim in the proceeding.