Beyond the well-known practical difference between a personal loan and a revolving credit card (a fixed installment over a set term versus a small installment that stretches out the debt), there are relevant legal differences in consumer protection that apply to each product.
Consumer credit regulation, a common framework for both products
Both personal loans and revolving credit cards are generally subject to consumer credit regulation, which requires certain mandatory precontractual information (the European standardized information sheet, a proper explanation of the product's features) before signing, regardless of the specific type of product.
Why case law has treated revolving cards differently
Despite sharing the same general regulatory framework, Spanish courts, and particularly the Supreme Court, have developed specific case law on revolving credit cards, ruling as void for usury numerous cards with an APR considered notably higher than the normal interest rate of money for that type of product at the time it was taken out — a comparison standard that isn't applied in the same way to a conventional personal loan with an APR within the market's usual range.
The "normal interest rate of money" standard for assessing usury
The Usury Repression Act, a century-old law reinterpreted by recent case law for this type of case, allows a loan to be declared void if its interest rate is "notably higher than the normal rate of money" and manifestly disproportionate given the circumstances of the case. Courts have been setting criteria on what counts as that reference "normal interest rate of money" for revolving cards, comparing the specific APR of each case against average market statistics for that specific type of product at the time it was taken out.
The consequences of a card being declared void for usury
If a court declares a revolving card void for usury, the consumer is only required to repay the capital drawn down (what they actually used from the card), without having to pay the interest or fees generated, and is entitled to have any amount already paid beyond that drawn-down capital refunded.
How to know if your revolving card might be affected
Checking the specific APR stated in your contract and comparing it against the criteria courts have applied for the period when you took out the card is the first step. Since these criteria evolve with each new relevant ruling, it's worth consulting a lawyer specialized in this type of claim to assess your specific case.
Always compare against an alternative with a known cost
Before continuing to use a revolving card, compare its real cost with that of a conventional personal loan. Our personal loan calculator lets you calculate the installment and APR of this alternative for comparison.