Exclusive: FCA "Will Not Move the Consumer Duty Deadline"

It may sound mundane and outright boring, but complying with the FCA's new Consumer Duty requirements is crucial for any UK-regulated broker and provider. Finance Magnates has covered the topic with news updates and an extensive guide for the retail trading industry.

As the deadline is drawing near (31 July 2023 for products open for sale and renewal and the end of July 2024 for products no longer for sale), we asked the FCA to provide clarity (and concrete answers) about some of the most burning issues at stake.

To recap: the primary aim of Consumer Duty is to set higher and more precise standards of consumer protection across the financial services industry in the UK. The FCA initially proposed the new Consumer Duty requirements in May 2021 and sought industry feedback before drafting the final version.

According to the FCA's recent survey, only 61 percent of CFD providers will be fully compliant with the Consumer Duty deadline. Therefore, it might be sound advice to carefully read the regulator's view on the nuances of new practices.

FM: What action is available to the regulator when it finds that firms are failing to provide fair value?

FCA: Under the Consumer Duty, firms must ensure that their products and services offer fair value to consumers. We will take assertive action where we identify harm to consumers, including poor-value products.

We will prioritize the most serious breaches and act swiftly and assertively where we find evidence of harm or risk of harm to consumers. In some cases, firms can expect us to take robust action, such as interventions or investigations, along with possible disciplinary sanctions.

FM: Industry sources claim that the timeline is too assertive. What is FCA’s reaction to this claim?

FCA: We gave firms 12 months to meet the Consumer Duty standard for new and existing products that are open for sale or renewal, and a further 12 months to meet the standard for products that are no longer on sale. Based on our extensive consultation, we believe this is a reasonable timeframe to implement the changes required.

We want the Duty to be in effect as soon as practicable, so that consumers can start to benefit from enhanced protections. The current cost of living pressures facing consumers clearly demonstrates the need to implement the Duty quickly.

FM: If the FCA realizes the timeline is too assertive, would it consider postponing the deadline?

FCA: The deadline of 31 July will not be moved. We have listened to industry feedback, following extensive consultation, and have already extended the implementation deadline by 3 months, from April to July, to ensure we get this right.

We listened to firms' concerns, as obviously we want them to embed the Duty properly, and also phased the Duty in 2-stages over 2 years, with the deadline for open products in July 2023 and closed in July 2024.

Many firms have made excellent progress and are on course to meet the deadline. Firms that are not up to speed still have time to deliver, but they must act now to implement the Duty on time.

FM: Some firms may be tempted to incorrectly classify products as ‘non-retail’ in an attempt to avoid 'the Duty'. Is the FCA concerned about that and what actions will it take?

FCA: Firms will not be able to avoid regulatory scrutiny by incorrectly classifying products and services. The Consumer Duty applies to the regulated and ancillary activities of all firms, in respect of products and services for prospective and actual retail customers.

The Duty also requires firms to act in good faith: this is a standard of conduct characterized by honesty.

FM: What would the FCA consider a successful result regarding the consumer duty implementation?

FCA: We will measure the success of the Duty by monitoring key outcomes for consumers. For example, one of the ways we can monitor whether consumers are getting products and services which meet their needs and provide fair value is through monitoring [the] Financial Ombudsman Service's final decisions on complaints about fees or charges or inappropriate product or service sales. We will also monitor what products and services consumers use, and measure what consumers are seeing and feeling and their levels of trust and confidence, including through our Financial Lives Survey.

As we implement the Duty, we will develop further metrics by which we can assess its impact at the level of particular sectors and portfolios and will ask stakeholders for views and suggestions on potential metrics.

Are Firms Ready for Consumer Duty?

In a survey conducted by the FCA earlier this year, 91% of CFD providers believe they will meet all or most of the requirements. However, further dissection reveals that only 61% of the CFD brokers think they will fully comply with the Consumer Duty regulations by the end of the deadline in July. The FCA questioned 44 CFD brokers.

However, according to the FCA survey, only 30% of the CFD industry participants' strongly agree' that the long-term benefits of the Consumer Duty will outweigh the short-term costs to their organization. Another 14% 'tend to agree with this question, while 39% neither agree nor disagree. Seven percent of the CFD industry participants' tend to disagree', five percent 'strongly disagree', and the remaining seven percent 'don't know' about the long-term benefits over the short-term costs.

"Our recent firm survey found that the majority of firms in the sectors covered believe they are on course to implement the Duty on time fully. However, some have more to do to meet the deadline. In a recent update published last week", the FCA noted in an update last week.

"It’s crucial that firms are asking themselves the right questions, to make sure they are on track and making the most of the remaining time."

Lewis Gurry, director at C & G Regulatory Solutions, a London-based regulatory consultancy firm, said: "The retail brokers we have engaged with are well aware of the upcoming deadline, although some are more prepared than others. A small minority will need to dedicate all available resources to their implementation plan, in order to comply with the new rules by the upcoming deadline."