Risk of Foreign Financial Intermediaries
Foreign financial intermediaries, who prospect or service clients on Thai soil or via remote means of communication into Thailand, run legal and reputational risks in relation to the Act. The competent authority to administer and enforce the Act is the Consumer Protection Board. Violations of the Act may also bear civil as well as criminal consequences; the latter include imprisonment, fines or both. If the offender is a legal person, the director or manager or the individual responsible for the operation of the legal person is punishable unless he/she can prove that he/she did not participate in the commission of the offence by the legal person. Systematic violations of the Act could be bundled in a civil class action starting from December 2015 onwards. In a civil law suit the court is likely to apply Thai law even though the contract may be governed by the law of another country.
Are there cases concerning foreign Bank or other financial institutions?
Do you know of civil law cases concerning (foreign) banks and other financial intermediaries?