ASB Bank has agreed to pay $3.2 million in the latest settlement with the Commerce Commission on the sale of interest rate swaps to farmers between 2005 and 2009.
It follows a $19 million settlement reached between the ANZ Bank and the regulator earlier this month and comes one year after the commission first advised it intended issuing legal proceedings in March 2014 against three banks - ANZ, ASB, and Westpac Banking Corp - over the issue.
ASB's settlement will make $2.7 million available to compensate the 40 eligible customers who registered their complaints with the commission, $250,000 will go towards the commission's investigation costs. and a further $250,000 to the Dairy Women's Network.
The commission said it considered that ASB had been misleading in the way it marketed interest rate swaps and therefore breached the Fair Trading Act. However the commission's conclusions have not been tested in court though and ASB says it does not accept them. However, ASB has agreed to make an out of court admission that some of its conduct breached section 9 of the Fair Trading Act in relation to some named customers.
The reason ASB has paid a lot less than the recent ANZ settlement is for two reasons: it chose not to increase farmers' loan margins, meaning its settlement relates primarily to early termination fees paid by eligible customers; and there were a smaller number of complaints about ASB's swaps.