ASB reaches $135.6m settlement over alleged historic breaches of credit disclosures

12:21 pm today
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* This story has been changed to reflect that breaches are alleged but ASB has not admitted liability

ASB has reached a $135.6 million settlement to settle a class action lawsuit over alleged historical breaches of credit disclosure laws.

The amount is less than half of the $300m initially offered to ASB to settle in July.

Scott Russell, the lawyer representing the ASB plaintiffs, said the settlement was reached without ASB admitting liability, and was subject to High Court approval.

"This is a positive outcome for affected ASB customers," Russell said.

"After four years of litigation, settlement provides certainty, avoiding what would otherwise be a very long and expensive fight through the courts."

Russell confirmed the case against ANZ, which also alleged disclosure breaches, would continue, and ANZ was defending the claim.

"ANZ customers also deserve a positive outcome," he said.

"In March 2020, ANZ admitted to the Commerce Commission that between May 2015 and May 2016 it sent Loan Variation Letters to certain customers that contained incorrect information with respect to their loan."

The class action lawsuit alleged it was a breach of ANZ's disclosure obligations.

ANZ called the previous $300m settlement offer a stunt, while defending the claim.

Responding to its settlement, ASB chief executive Vittoria Shortt said it was a "pragmatic way to settle the matter".

"We continue to strongly support the CCCFA Amendment Bill currently before Parliament's Finance and Expenditure Select Committee, which will bring clarity to this confusing piece of legislation," Shortt said.

The proposed law change prompted concerns that the class action lawsuit would be undermined.

It included a retrospective fix that would mean instead of a blanket penalty applying for disclosure breaches between 2015 and 2019, a court would be allowed to decide what compensation was "just and equitable".

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