I disagree. Penalty clauses* have been unenforceable at common law for long before actual consumer protection legislation was even thought of. I'd be pretty lee

I disagree. Penalty clauses* have been unenforceable at common law for long before actual consumer protection legislation was even thought of. I'd be pretty leery of destroying such a good principle, backed by centuries of common law contractual tradition, just to single out banks and make penalty clauses enforceable against them. *Penalty clauses are ones that specify excessive damages, to punish someone who breaches a contract -- as opposed to "liquidated damages" clauses, that specify damages which pre-estimate the loss that you'll suffer if I breach the contract, which are allowed.