Complaints against Payment Service Providers

(1) Payment service users and the bodies named in the second sentence may at any time lodge a complaint with BaFin over an alleged breach by a payment service provider of the provisions of this Act, or of sections 675c to 676c of the Civil Code or Article 248 of the Introductory Act to the Civil Code. The following bodies are entitled to complain:
1. the chambers of industry and commerce;
2. bodies under section 3(1), first sentence, no. 1 of the Injunctions Act; and
3. legally capable associations for the promotion of commercial interests,
a) that are, in particular by reason of their personnel, material and financial resources, actually able to perform their statutory tasks of pursuing commercial interests, and
b) to which a substantial number of undertakings belong that offer payment services in the same market, where the breach affects the interests of the members and is liable to distort competition to a non-negligible extent.
(2) Complaints must be lodged with BaFin in writing, electronically or for the record, and should state the facts and the ground of complaint. In the case of complaints by payment service users about an alleged breach by payment service providers of sections 675c to 676c of the Civil Code or Article 248 of the Introductory Act to the Civil Code, BaFin also draws attention, in its response, to the possibility of out-of-court dispute resolution under section 14(1), no. 4 of the Injunctions Act.