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Legally compliant configuration of dunning fees and return debit fees

  • Updated

In this article, you will learn how to configure dunning fees and return debit fees so that your members are only charged the costs actually incurred.

Contents

Fast lane

  1. Open Settings / Finance / Chargebacks and select the option Actual fees instead of Flat-rate amount in the fee configuration of each payment method.
  2. Open Settings / Finance / Dunning and select your dunning configuration.
  3. In the dunning rules of each dunning level, limit the Dunning fee field to the actual delivery costs (letter or SMS).
  4. If you send dunning notices by email only, do not charge a dunning fee.

In its ruling of 26 June 2019 (case VIII ZR 95/18), the German Federal Court of Justice (BGH) decided that only the costs actually incurred may be passed on to customers as dunning and return debit fees. Flat-rate fees exceeding the actual costs are not permitted under this ruling.

For your studio, this means:

  • Return debit fees: Only the costs that your bank actually charges you for the return debit may be passed on.
  • Dunning fees: They are limited to the actual delivery costs of the dunning notice, for example postage for a dunning letter or the cost of an SMS.
  • Dunning notice by email: Sending an email does not incur delivery costs. In this case, no dunning fee should be charged.

This article does not constitute legal advice. If in doubt, please clarify the specific setup with your legal counsel.

Configuring return debit fees

Under Settings / Finance / Chargebacks, you define per payment method how return debit costs are passed on to your members:

  1. Open Settings / Finance / Chargebacks.
  2. For the relevant payment method (for example SEPA Direct Debit), open the fee configuration via the three-dot menu.
  3. Select one of the two options in the Return debit fees field and save.

Edit Fee configuration dialog with the options Actual fees and Flat-rate amount

Option Behavior
Actual fees The member is charged exactly the costs that the bank charged for the return debit.
Flat-rate amount The member is charged a fixed amount defined by you, regardless of the actual bank costs.

For a configuration in line with the BGH ruling, select the option Actual fees. This ensures that no flat rate exceeds the real costs.

Setting dunning fees per dunning level

You define dunning fees in the dunning rules of your dunning configuration:

  1. Open Settings / Finance / Dunning.
  2. Select the dunning configuration you want to adjust.
  3. In the relevant dunning level, open the rule via Edit rule.
  4. In the Then part of the rule, check the Dunning fee field and set the amount so that it does not exceed the actual delivery costs of the configured communication channels, for example postage for the dunning letter or the cost of the SMS.

Edit rule dialog with the Dunning fee field

If you send dunning notices in a dunning level by email only, no delivery costs are incurred. In this case, set the Dunning fee to 0.

Operator responsibility

The software does not limit dunning and return debit fees automatically. The configuration is deliberately flexible so that you can adapt it to your processes and the legal requirements that apply to you. The legally compliant setup of these fees is the responsibility of your studio.

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