What is the New Consumer Duty About?

The Consumer Duty represents a landmark shift in regulatory expectations within the UK financial services sector, introduced by the Financial Conduct Authority (FCA). This new regulatory framework is designed to enhance consumer protection and ensure that financial firms place their customers’ needs at the forefront of their operations. Here’s an in-depth look at what the Consumer Duty entails, its key principles, and its implications for consumers and firms alike.

Table of Contents

Overview of the Consumer Duty

Higher Standards of Protection

The primary objective of the Consumer Duty is to establish higher and clearer standards of consumer protection across all areas of financial services. This new duty mandates that firms must prioritize the needs of their customers and strive to deliver good outcomes consistently. The duty is a comprehensive framework that elevates the bar for how financial firms interact with and treat their clients, ensuring that consumer interests are central to all business practices.

Implementation Timeline

The rules governing the Consumer Duty have specific implementation dates:

31 July 2023: The regulations apply to all new and existing products or services that are available for sale or renewal.
31 July 2024: For products or services that are closed (no longer available for sale or renewal), the rules will come into effect.

This staggered timeline allows firms to adjust their processes and systems to comply with the new standards.

Core Principles of the Consumer Duty

Consumer Principle (Principle 12)

At the heart of the Consumer Duty is the Consumer Principle (Principle 12), which stipulates that firms must act in a manner that delivers good outcomes for retail customers. This principle underscores the responsibility of financial firms to ensure that their actions and offerings are aligned with the best interests of their customers.

Four Key Outcomes

The Consumer Duty is built around four essential outcomes that firms must strive to achieve:

Products and Services: Ensure that products and services are designed to meet the needs of customers.
Fair Value: Guarantee that products and services offer fair value, meaning that the benefits of the product should outweigh the costs.
Customer Understanding: Ensure that communications are clear and understandable, helping consumers to make informed decisions.
Support: Provide appropriate support to consumers, particularly those in vulnerable situations, to help them achieve their financial goals.

Cross-Cutting Rules

The Consumer Duty also includes cross-cutting rules that apply to all aspects of consumer interactions:

Foreseeable Harm: Firms must avoid causing foreseeable harm to consumers.
Acting in Good Faith: Firms are required to act in good faith in all dealings with customers, ensuring transparency and integrity in their practices.

Impact on Consumers

Under the new Consumer Duty, consumers can expect several significant improvements:

Clear Communication: Information provided by firms must be timely, clear, and understandable, enabling consumers to make well-informed decisions about financial products and services.
Fair Value Products: Products and services should be suitable for consumers and provide fair value, free from hidden costs and excessive charges.
Supportive Services: Firms are expected to offer adequate support, particularly to those in vulnerable situations, to ensure that all consumers can effectively manage their financial affairs.

Regulatory Expectations for Firms

The FCA expects financial firms to adhere to several key regulatory expectations:

Product and Service Review: Firms must conduct thorough reviews of their existing products and services to ensure they comply with the new standards.
Customer Feedback and Data Collection: Implement processes to collect and analyze customer feedback and data to assess whether they are delivering good outcomes.
Consumer-Centric Culture: Integrate a consumer-focused culture within their governance structures, ensuring that the interests of customers are embedded in all business decisions.

Conclusion

The introduction of the Consumer Duty marks a significant shift towards a more consumer-centric approach in the financial services industry. By setting higher standards for protection, clarity, and fairness, the Consumer Duty aims to enhance trust and accountability across the sector. Financial firms must adapt to these new requirements to ensure compliance and continue to meet the evolving needs of their customers. Ultimately, the Consumer Duty is designed to create a more transparent, fair, and supportive financial environment for all consumers.