Before a Court or a Tribunal, the construction (meaning) of the words "No Annual Fee for Life" is undertaken objectively.
Not subjectively.
This means the meaning won't necessarily be my opinion of the meaning, your opinion of the meaning, our opinion of the meaning or the Bank's opinion of the meaning.
In determining the meaning of the words "No Annual Fee for Life", the Court or Tribunal will also have regard to how the card has been administered in practice.
It is not a new product.
It has survived and has been around for more than 10 years.
Citibank has taken a particular approach to this product.
In 2014 it was known as the 'Citibank Signature Card'.
Deal: Citibank Signature Card No Annual Fee for Life , Store: Citibank Australia, Category: Financial
www.ozbargain.com.au
It is now known as the "Citibank Premier Card".
Yet Citibank has 'grandfathered' the "No Annual Fee for Life" aspect over to the "Citibank Premier Card".
Citibank's practice and approach to the card historically is evidence of what the words "No Annual Fee for Life" mean.
Further, should the bank contend that the words "No Annual Fee for Life" meant for the life of the product, and not for the cardholder's life, a further question arises.
There are probably a significant body of cardholders who believe that the words "No Annual Fee for Life" meant for the life of the cardholder. It follows that it is arguable that the words "No Annual Fee for Life" were "misleading and deceptive" if the Bank contends that the words meant for the life of the product, and not for the life of the cardholder.
Every other comparable banking product has benefits attached to it that can be cancelled at any time and which do not enure beyond the life of the product. There was no need for Citibank to use "dramatic" words like "No Annual Fee for Life" to emphasize this reality.
No, the "dramatic" words "No Annual Fee for Life" were used with a different meaning in mind in all probability.
I absolutely agree that "Issuers of products are allowed to cancel products and the benefits attached to those products". But NOT if the cancellation amounts to misleading and deceptive conduct or is otherwise in contravention of the Australian Consumer Law.
The Banks would not tell us about the views that I have expressed of course. It is not in their self interest to do so.
I used to advise Wesfarmers Group businesses on important commercial matters. Zero of those matters presented no risk to the business. There was always a degree of risk. And that risk had to be managed.
It follows that any decision by NAB to abolish the privileges associated with the Citibank Premier Fee Free for Life Credit Card (as it is currently known) comes with risk to them.
A higher risk if the cardholders push back instead of meekly closing their accounts (which would delight NAB). A far lower risk if cardholders swallow the narrative meekly and look to find reasons why the bank may have proper grounds for its approach.