A Long Time Coming: The Road to Consumer Duty

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It has been described as a ‘shake-up’, a ‘significant change’, and a ‘paradigm shift’, but Consumer Duty (or a form of it) has been emerging since the 1970s. Starting out as tentative protective frameworks, consumer-focused financial services have evolved into something far more broad and proactive, emphasising transparency, competition, and fairness.

This week, we take a look at the events over the last 50 years that ultimately led to Consumer Duty.

1970s - 1980s

Consumer Protection Laws

The first significant steps towards fairness in financial services are introduced in the form of consumer protection laws. The Consumer Credit Act in 1974 provides in-built protection for consumers within credit agreements.

1970s - 1980s

1970s

Bank of England Act 1979

The secondary banking crisis prompts the creation of the Bank of England Act 1979, which aims to enhance the bank’s supervisory powers and stability.

1970s

1980s

The Financial Services Act

The Financial Services Act 1986 marks a significant regulatory shift. It establishes the Securities and Investments Board (SIB), which later evolves into the Financial Services Authority (FSA) in 1997. This act aims to improve investor protection, market integrity, and market efficiency. It also introduces the “Big Bang” reforms, deregulating financial markets and allowing for increased competition.

1980s

1980s - 1990s

Deregulation and Mis-selling Scandals

The deregulation of financial markets during the ‘Big Bang’ leads to increased complexity and the potential for mis-selling. Notable scandals like pensions mis-selling in the 1990s prompts regulatory responses. 

1980s - 1990s

1997

The Financial Services Authority (FSA)

The establishment of the FSA marks a shift toward a more centralised and comprehensive regulatory body overseeing all financial services. Its role is to protect consumers, ensure market integrity, and maintain competition. 

1997

2000s

The Financial Crisis

The financial crisis of 2007-2008 exposes the shortcomings of financial regulation. The FSA is heavily criticized for failing to prevent the crisis. This leads to a global push for stricter financial regulation to prevent future meltdowns.

2000s

2006

Treating Customers Fairly (TCF)

The TCF initiative aims to refocus financial institutions on the fair treatment of customers. It zeroes in on company culture, the way customers are interacted with, alongside products and services. 

2006

2007 - 2008

Global Financial Crisis

The financial crisis exposes significant weaknesses in the overall financial system. Governments and regulators worldwide began implementing reforms aimed at enhancing consumer protection and financial stability. 

2007 - 2008

2010

FSA Disbanded

The Financial Services Authority (FSA) is disbanded, and the Financial Conduct Authority (FCA) along with Prudential Regulation Authority (PRA) are established. The FCA focuses on consumer protection and market integrity, while the PRA oversees the stability of financial institutions.

2010

2010 - Present

Digital Banking and FinTech

The rise of digital banking and fintech introduces greater competition and innovations, directly benefiting consumers with more choice and greater convenience.

2010 - Present

2013

Banking Reform

The Financial Services (Banking Reform) Act 2013 implements a range of measures to enhance financial stability, including the ring-fencing of retail banking activities from riskier investment banking activities within the same institution.

2013

2015

Consumer Rights Act

The Consumer Rights Act introduces various protections for consumers, including clearer contracts, remedies for faulty products and services, and enhanced consumer rights in digital purchases. 

2015

2015 - Present

Sustainable Finance and Ethical Investments

Growing awareness of environmental, social, and governance (ESG) issues leads to an increased focus on sustainable and ethical investments. Financial firms begin developing products that cater to customers seeking more responsible investment options.

2015 - Present

2015 - Present

RegTech and Consumer Data Protection

The use of regulatory technology (RegTech) becomes central to the ability of financial institutions to comply with regulations, including those related to customer data protection (e.g., GDPR), reducing the risk of data breaches and unfair practices.

2015 - Present

2016

Senior Managers and Certification Regime

The Senior Managers and Certification Regime (SM&CR) is introduced, holding senior individuals in financial institutions accountable for their actions.

2016

2018

EU Directives

The European Union’s MiFID II (Markets in Financial Instruments Directive) come into effect, aimed at improving transparency, investor protection, and market efficiency.

2018

2018

Payment Services Directive 2 (PSD2)

PSD2 in the European Union introduces stronger customer authentication requirements and increased consumer protection in online payments, particularly for e-commerce and fintech services.

2018

2018

Open Banking

Open Banking initiatives aim to empower consumers by giving them more control over their financial data and enabling them to access a wider range of services. This enhances competition and the ability for customers to find better deals.

2018

2021

A New Consumer Focused Approach

In January 2021, the FCA announces a commitment to become “a more innovative, adaptive, and assertive regulator.” More protection for customers and improving public financial literacy are among the stated goals. 

2021

2022

Consumer Duty

The FCA introduces the new Consumer Duty rules, describing them as a ‘paradigm shift’ in the way firms are now expected to approach customer support and outcomes. 

2022

Are we nearly there yet?

Having tried often (and just as often fallen short) of putting the customer first in financial services, does Consumer Duty finally signal its arrival?

There’s a lot in here to make us hopeful.

The drive to educate and support people to achieve their financial goals is the foundation of Eligible’s mission. We’re supporting financial institutions with across the UK with our unrivalled compliance tools and expertise. The values behind Consumer Duty are the ones that our platform is built on. Get in touch to find out how we can help you positively impact the every day lives of your customers. 

 

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