• news-banner

    Expert Insights

Consumer Duty - FCA warns that some firms are “lagging behind”

The Consumer Duty and the FCA

The Consumer Duty is a flagship initiative for the Financial Conduct Authority (FCA). Introduced on 31 July 2023 and set out in Principle 12, the Consumer Duty requires firms to “act to deliver good outcomes for retail customers”.  The FCA has been clear that the Consumer Duty does not simply restate rules that existed before; the Consumer Duty sets higher standards than those which previously applied.  The FCA wants firms to up their game.

Consumer Duty implementation review

The FCA has also been clear that implementing the Consumer Duty is not a “once and done” exercise.  Rather the FCA will be keeping a close eye on the extent to which firms are complying with the Consumer Duty on an ongoing basis.  On 20 February 2024, the FCA published the results of its latest Consumer Duty implementation review.  Commenting on these results, the FCA said that it welcomed “the improvements made by many firms to deliver better outcomes for their customers”. The FCA also warned, however, that “some firms are lagging behind”.

In this article we set out a reminder of the Consumer Duty’s regulatory structure, together with a summary of the FCA’s recent post-review findings and some suggestions re next steps.

What is the Consumer Duty?

In summary, the Consumer Duty consists of the following:

  • The new “Consumer Principle” (Principle 12) requiring firms to act to deliver good outcomes for retail customers. 
  • Cross-cutting rules providing greater clarity regarding the FCA’s expectations in respect of the Consumer Principle.
  • Rules relating to the four outcomes that the FCA wants to see under the Consumer Duty.  These outcomes relate to:
    • products and services;
    • price and value;
    • consumer understanding; and
    • consumer support.

The rules require firms to consider their customers’ needs, characteristics and objectives at every stage of the customer journey. Importantly, firms must not only act to deliver good customer outcomes; they must also be able to provide evidence to show that they are meeting the outcomes.

The FCA’s post-review findings

In publishing the findings of its recent review, the FCA has listed examples of good practice, as well as areas for improvement, in respect of the following topics: (1) Culture, governance and monitoring; (2) Consumers in vulnerable circumstances; (3) Products and services; (4) Price and value; (5) Consumer understanding; and (6) Consumer support.

Among the examples of good practice are:

  • A focus on data: The FCA noted that some firms are reviewing “service level metrics for call abandonment rates”, conducting “root-cause analysis” in respect of complaints and tracking customers who may have bought a product or service despite falling outside of the target market.  Firms are also using surveys, experiments, and interviews to test customer understanding.
  • Adapting bonus and target arrangements: The FCA observed that some firms have updated staff bonus structures to ensure that incentivisation is in line with the aims of the Consumer Duty. Similarly, some firms have removed productivity targets for customer service staff where a customer has been identified as vulnerable.

Among the areas for improvement are:

  • Embedding responsibility for the Consumer Duty across firms and supply chains: The FCA noted that in some firms, Consumer Duty compliance is managed by risk and compliance colleagues and is not discussed at Board level.  The FCA also found that firms are not sharing sufficient information with others in the same distribution chain.  This is likely to mean that firms cannot properly assess value to the end customer.
  • Providing evidence of Consumer Duty compliance: Some firms cannot show that their products offer fair value to retail customers, while other firms are unable to justify the benefits they provide in the context of the remuneration they receive.  The FCA also found that some firms cannot show that they have sufficiently robust systems to protect and help consumers in cases where investments, savings or personal data has been lost due to fraud or cyber-attacks.

Next steps

Firms would be well-advised to read the FCA’s recent findings carefully and to consider whether there are examples of good practice that they could adopt, and/or areas for improvement in which they could take action.  

Consumer Duty – next deadline

Firms should consider these findings when preparing for the 31 July 2024 implementation deadline in respect of closed products and services.

The FCA’s focus on the Consumer Duty shows no sign of relenting. Firms should ensure that they are completely up to speed.

For more information, please contact Richard Ellis or William Garner.

Our thinking

  • Business over Breakfast: Arbitration is cheaper – Myth or Reality?

    Thomas R. Snider

    Events

  • Fiona Edmond writes for The Law Society Gazette on taking maternity leave as a Deputy Senior Partner

    Fiona Edmond

    In the Press

  • The UK’s March 2024 Budget: how the proposed new tax rules will work for US-connected clients

    Sangna Chauhan

    Insights

  • Takeover Panel consults on narrowing the scope of the Takeover Code

    Jodie Dennis

    Insights

  • Nick Hurley and Annie Green write for Employee Benefits on the impact of dropping the real living wage pledge

    Nick Hurley

    In the Press

  • The UK’s March 2024 budget: Offshore trusts - have reports of their demise been greatly exaggerated?

    Sophie Dworetzsky

    Insights

  • Playing with FYR: planning opportunities offered by the UK’s proposed four-year regime for newcomers to the UK

    Catrin Harrison

    Insights

  • James Broadhurst writes for the Financial Times’ Your Questions column on inheriting company shares

    James Broadhurst

    In the Press

  • Charles Russell Speechlys bolsters corporate and commercial offering with the appointment of Shirley Fu in Hong Kong

    Simon Green

    In the Press

  • Cara Imbrailo and Ilona Bateson write for Fashion Capital on pop-up shops

    Cara Imbrailo

    In the Press

  • City AM quotes Charlotte Duly on the importance of business branding

    Charlotte Duly

    In the Press

  • Planning and Life Sciences: the challenges and opportunities in the Golden Triangle

    Sophie Willis

    Quick Reads

  • Personnel Today quotes Rose Carey on Italy’s new digital nomad visa

    Rose Carey

    In the Press

  • Regime change: The beginning of the end of the remittance basis

    Dominic Lawrance

    Insights

  • Essential Intelligence – UAE Fraud, Asset Tracing & Recovery

    Sara Sheffield

    Insights

  • IFA Magazine quotes Julia Cox on the possibility of more tax cuts before the general election

    Julia Cox

    In the Press

  • ‘One plus one makes two': Court of Protection finds conflict of interest within law firm structure

    Katie Foulds

    Insights

  • City AM quotes Charlotte Duly on Tesco’s Clubcard rebrand after losing battle with Lidl

    Charlotte Duly

    In the Press

  • Michael Powner writes for Raconteur on AI and automating back-office roles

    Michael Powner

    In the Press

  • Arbitration: Getting value for your money

    Daniel McDonagh

    Insights

  • Portfolio Adviser quotes Richard Ellis on the FCA's first public findings against former fund manager Neil Woodford

    Richard Ellis

    In the Press

  • Computer says No - my prediction of UK border chaos on Wednesday 1 January 2025

    Paul McCarthy

    Quick Reads

  • London’s Knowledge Clusters: From Emerging to Maturing – Start Ups on the Global Stage?

    Lynsey Inglis

    Quick Reads

  • Fashion and the Green Claims Code brought into focus by open letter from the CMA.

    Ilona Bateson

    Quick Reads

  • There is a new tax law in town – but it’s probably not what you think

    Sarah Kadhum

    Quick Reads

  • Will new powers at Companies House stop or slow down fraudsters?

    Peter Carlyon

    Quick Reads

  • Charles Russell Speechlys hosts international arbitration event in Dubai

    Peter Smith

    Quick Reads

  • It’s not just a High Court decision, it’s a successful M&S High Court Decision

    Sophie Willis

    Quick Reads

  • The ongoing fight against fakes

    Charlotte Duly

    Quick Reads

  • Abu Dhabi’s New Arbitral Centre Unveils its Rules

    Dalal Alhouti

    Quick Reads

  • New Regulations for the UAE’s Media Sector in 2024

    Mark Hill

    Quick Reads

  • Planning essentials case update: when can an enforcement notice against an unlawful use also require the removal of related structures?

    Sadie Pitman

    Quick Reads

  • Under the Influence: Legal Considerations for Social Media Influencer Partnerships in the UAE

    Mark Hill

    Quick Reads

  • EU AI Act – Will it become a law for all the world?

    Nick White

    Quick Reads

  • Ctrl + GCC: The Rise of e-Sports in the Gulf

    Mark Hill

    Quick Reads

  • Digital Markets, Competition and Consumers Bill: Will new consumer protection rules restrict access to Gift Aid?

    Quick Reads

  • Les entreprises en difficulté ou en croissance peuvent-elle se passer des equity lines? Can distressed or growth companies do without hybrid bonds?

    Dimitri-André Sonier

    Quick Reads

  • The End of the SAG-AFTRA Strike & What it Means for the Middle East

    Mark Hill

    Quick Reads

  • UAE Strengthens its Position as Leading Destination for A.I.

    Mark Hill

    Quick Reads

  • Dubai Court of Cassation Extends Arbitration Agreement Across Subsequent Contracts

    Peter Smith

    Quick Reads

Back to top