Court dismissed consumer loan dispute claims citing electronic contract validity and usury law compliance.
Legislator summary
AI generatedThe court ruled in favor of the plaintiff, ordering the defendant to pay the loan principal plus contractual interest and procedural costs. The defendant argued that the electronic loan contract was invalid due to lack of physical signature and that the bank failed to prove actual fund transfer, while also claiming abusive clauses and lack of pre-litigation summons. The court rejected these defenses by establishing that electronic contracts are legally binding for consumers, the transaction records proved fund disbursement and immediate usage, and the loan terms complied with usury regulations.
Legislator headnote
AI generatedArt. 39 ust. 1 ustawy z dnia 30 maja 2014 r. o prawach konsumenta; Art. 720 k.c.; Art. 36a ustawy o kredycie konsumenckim: An electronic loan contract is validly concluded without a physical signature, and the transfer of funds via a prepaid card constitutes delivery of the loan, provided the terms do not exceed statutory usury limits.