Spain’s proposed ban on unsolicited credit card limit increases is not yet in force. The draft legislation remains under consideration, so banks can still raise card limits without a customer’s explicit request.
The Council of Ministers approved the draft Law on Consumer Credit Contracts on January 7, 2026, but it has not yet been enacted. Official sources consulted on August 31 classified the text as a draft. If passed, the law would require banks to obtain a clear, affirmative request and explicit consent from customers before granting new credit or increasing existing card limits. It would take effect twenty days after publication in the Official State Gazette.
What the Law Would Change
Article 63 of the draft states: “Any granting of credit to consumers that has not been previously requested and without their express consent is prohibited.” The rule would apply to every form of consumer credit, including credit beyond physical cards. It would also prevent banks from making more credit available to clients without a prior request, whatever the product’s commercial name.
Sending an unsolicited card is already restricted, except for certain replacements. Banks can still increase credit limits unilaterally, but the proposed law would require a customer’s explicit request and consent for those increases. It would also ban the automatic activation of new credit lines or overdrafts. Pre-approved credit offers could still be advertised, but not activated without customer authorization.
EU Directive and Broader Impact
European Directive (EU) 2023/2225 aims to prevent unsolicited pre-approved cards and unilateral limit increases, while also restricting new overdraft facilities. Consumers would so need to request and expressly accept automatic credit limit hikes. Having more available credit does not force spending, but it can increase potential debt and influence future financial decisions.
The proposed Spanish law would also introduce a temporary 22% interest cap on new consumer credit operations, including revolving cards, until further regulations are developed. It would cover microloans and quick loans, as well as “buy now, pay later” schemes. All consumer credit lenders, including digital operators and new financial entities, would need authorization and supervision from the Bank of Spain. Retailers offering direct financing would have to provide interest-free payment plans; paid financing would need to go through a regulated entity. Contracts from unauthorized lenders would be considered void.
When Will the Ban Take Effect?
The draft law sets a general start date of twenty days after publication in the BOE, with cost limitation rules taking effect three months later. Some obligations for high-cost lenders would be delayed by up to twelve months. The EU requires Spain to transpose the directive by November 20, 2025, and apply national measures from November 20, 2026. Those EU dates do not automatically bring the Spanish draft law into effect.
Until the law is officially enacted, Spanish banks can continue to offer and increase credit limits without prior customer approval. The Bank of Spain advises consumers who receive an unsolicited card to decline it at the branch or contact customer service. They should also keep a record of the communication. If the issue persists, they should file a formal complaint with the bank and, if it remains unresolved, escalate it to the Bank of Spain.
Spain’s approach to implementing EU consumer protection rules echoes delays in other sectors. Major retailers have also postponed compliance with new EU deposit schemes for beverage containers, reflecting the broader challenge of aligning national practices with European regulations. One recent case involved a leading supermarket chain delaying the introduction of a bottle deposit system despite looming EU deadlines, as noted by russpain.com. One recent case involved a leading supermarket chain delaying the introduction of a bottle deposit system despite looming EU deadlines.
The ban on unsolicited credit limit increases is not yet law. The coming months will show how quickly the protections take effect and how banks and lenders adjust to the new regulatory structure.
