The Ultimate Consumer Duty Guide [2024]
The relationship between financial service organizations and their customers is undergoing a dramatic transformation. As regulators in the FSI sector expand their focus on consumer well-being, providers will have to shift from providing support to proactively enabling desirable results.
The UK’s Consumer Duty rules — passed in 2023 — has been described as “the biggest regulatory shakeup” in financial services in over a decade. But it's not just UK businesses who should take note.
In this guide, we’re taking a look at the Consumer Duty in more detail, including:
How it works
Principles and best practices
What financial service providers outside the UK can do to effectively prepare for more consumer-focused regulations
The Consumer Duty Rules and Guidance have already started to change the way firms operate. And this is not a one-off exercise. The Consumer Duty requires firms to adopt a proactive approach to ensure and be able to prove that consumers are achieving good Outcomes, and if they find that a consumer has a poor outcome, the firm must put it right and act to prevent a recurrence.
What is the Consumer Duty?
The Consumer Duty is a set of regulations intended to significantly improve consumer protection within the UK financial services sector. This means businesses must act proactively and demonstrate their commitment to their customers.
Introduced by the FCA, the Consumer Duty framework compels firms to adopt a customer-first approach, ensuring that all actions taken are in the best interest of their clients. The current state of Consumer Duty laws in the UK is robust, with firms actively working towards full compliance. This regulatory landscape underscores the importance of transparency, fairness, and proactive engagement in the financial services industry.
The biggest change in Financial Services in a decade came into effect on July 31 2023.
Here’s how it works: The regulations impose legal obligations on businesses to stamp out fraudulent activities, avoid misleading advertisements and prevent the sale of unsafe or defective financial products. Additionally, the rules aim to protect consumers from unfair contract terms, discriminatory practices and aggressive sales tactics.
Ultimately, the goal of Consumer Duty is to create a fair financial services market that not only fosters healthy competition but also robustly safeguards consumers. This initiative is an evolution rather than a revolution—building on the ‘Treating Customers Fairly’ (TCF) principles introduced in 2006—but it represents a significant stride toward a more consumer-centric approach within the financial sector.
Usually, legal compliance has trumped enjoyable customer experience. And while regulation should underpin customer interactions, the experience should still delight.
Purpose of the Consumer Duty
The UK's Financial Conduct Authority (FCA) created the Consumer Duty to regulate financial services firms and financial markets. The core objectives of the consumer duty include three goals:
Building trust and transparency: By prioritizing customers' best interests, FSIs can impact consumer perceptions—proving themselves as partners rather than service providers.
Mitigating risks and ensuring compliance: Proactive adherence to consumer duty standards helps FSIs avoid legal pitfalls and the financial fallout from compliance failures. More importantly, it positions these organizations as benchmarks of industry standards—leading by example.
Promoting fair competition: Consumer duty levels the playing field. By holding all financial service providers to uniformly high standards, it ensures that competition is fair—driving firms to innovate in service delivery and customer engagement rather than cutting corners.
When operating by these principles, FSIs boost their operational ethos and secure a competitive edge in a market that increasingly values ethical conduct.
Why Consumer Duty Matters for US Firms Too
Regulatory bodies often take cues from each other. The standards set by the Financial Conduct Authority (FCA) could inspire similar regulations elsewhere. US firms that are proactive in aligning with these standards may find themselves better prepared for any future regulatory changes.
Implementing Consumer Duty-like practices can enhance a firm’s ethical stance and gain long-term customer trust and loyalty. At a time when corporate social responsibility (CSR) is highly valued, consumer duty offers a blueprint to get in your best customers’ good books.
The current state of Consumer Duty laws in the UK is robust, with firms actively working towards full compliance.
A wave of regulatory interest is sweeping across the Atlantic, mirroring the UK’s proactive stance. With the rise of BNPL services and other fintech innovations, the US is likely to see similar consumer protection frameworks take shape. Early indicators suggest a growing push towards stricter regulations to safeguard consumer interests in an increasingly digital marketplace.
"The FCA is taking much more of an interest in things like behavioral economics. They're really interested in the decision-making process that customers go through, right down to the very words you use and the practices you use on your digital journeys." - Mathew Drage, 4 Square Partners
Here’s what you can expect in 2024 and beyond:
Growing interest and potential adoption of similar consumer protection standards in the US, driven by the need to regulate Buy Now, Pay Later (BNPL) and other financial products.
Continued evolution of consumer protection laws to address emerging financial technologies and market trends.
3 principles of the Consumer Duty
The Duty sets a higher bar for protecting and empowering consumers. Let’s dive into the three core principles that form the bedrock of this initiative and why they matter so much.
1. Act in good faith toward customers
Acting in good faith isn’t just a guideline— it’s a fundamental shift in perspective. Amanda Hulme puts it perfectly: “It’s no longer a question of whether the process is fair. It’s a matter of whether the product or service should exist at all.”
This principle asks financial institutions to look in the mirror and question the very essence of their offerings. Is what we’re providing genuinely beneficial to our customers? Are we being transparent, honest and upfront in all our dealings?
This principle encourages firms to embed integrity into their DNA by creating products built on customers’ needs instead of their fears. By doing so, companies build trust, foster long-term relationships and differentiate themselves in a crowded market.
2. Avoid foreseeable harm to customers
The second principle is straightforward yet profound: avoid foreseeable harm. This isn’t about reactive measures but proactive stewardship. Financial institutions must anticipate and mitigate risks before they become issues.
Avoiding foreseeable harm requires a meticulous understanding of customer interactions and potential vulnerabilities. It’s about building a safety net that catches issues before they escalate, ensuring a smoother, safer financial journey.
3. Enable and support customers to pursue their financial objectives
The final principle focuses on empowerment. Financial institutions must enable and support their customers to achieve their financial goals. This principle focuses on providing the tools, resources, and guidance necessary for customers to make informed decisions.
Critical to this initiative are the FCA’s requirements for firms to demonstrate how they’re helping customers pursue their financial objectives.
Are you offering clear, understandable information?
Are your services accessible and tailored to individual needs?
Are you proactively identifying and mitigating potential risks to customer outcomes?
You need to walk the journey with your customers and check where they need support.
In essence, these three principles of Consumer Duty—acting in good faith, avoiding foreseeable harm and enabling and supporting customers—represent consumer protection.
They push financial institutions to think beyond products and focus on creating genuinely beneficial, trustworthy and supportive financial ecosystems.
Understanding the Four Pillars of Consumer Duty
Beyond merely establishing principles for protecting customers, financial service organizations must now take a proactive role in ensuring positive outcomes for their clients. This shift in responsibility requires these organizations to focus on delivering value across four critical areas: Products and Services, Price and Value, Consumer Understanding, and Consumer Support. By doing so, they move beyond compliance and contribute to building stronger, more trusting relationships with their customers.
Let's delve into each of these pillars:
1. Products and services
It's not just about meeting customer needs—it's about ensuring that every product and service genuinely enriches their lives.
Think of it this way: every financial product you offer should be a solution, not just a transaction. This means diving deep into the customer journey to understand their pain points, desires, and how your offerings can fit into their lives.
Imagine developing a new banking app. It's not enough to launch it after a few rounds of internal testing. You need to go further. Engage a diverse group of beta testers—different ages, tech-savviness levels and financial literacy. Watch how they interact with the app. Where do they stumble? What features do they love? Which ones do they ignore? This user testing phase is crucial. Iron out any kinks and ensure that the app delights.
Take this proactive stance throughout your product development cycle. Regularly update your offerings based on customer feedback and emerging needs. For instance, if you notice a trend where users abandon the application process at a particular step, investigate why. Is it a confusing form? An unclear instruction? Addressing these issues before the product hits the wider market means a more delightful customer experience from the get-go.
Also, don’t shy away from sunsetting products that no longer serve a purpose. Holding on to outdated services frustrates customers, wastes resources and acts as a bottleneck for better products.
Streamlining your product portfolio to focus on what's valuable shows your commitment to quality over quantity.
In essence, the Products and Services outcome under the Consumer Duty framework involves a relentless focus on relevance, usability and value.
It's a commitment to ongoing innovation and customer-centricity. By adopting this mindset, you're not just complying with regulations—you're building a brand that customers can trust and rely on. This approach doesn’t just protect your customers; it elevates your entire business ethos.
2. Price and value
Navigating the Duty’s Price and Value aspect means putting fairness and transparency front and center. You have to justify the fee you set and every dollar your customers spend.
As Mathew says, "The prospect of assessing value in a digital world means looking at different responsibilities between components of your value chain, but also the potential conflict that can exist between the duty and the FCA rules."
This complexity underscores the importance of maintaining a transparent and justified pricing structure.
To achieve this, consider the following strategies:
Re-evaluate regularly
Continuously assess whether your pricing matches the value you offer.
Adjust pricing structures as market conditions and customer needs evolve. This flexibility shows customers that you are responsive and fair.
Use digital tools
Implement interactive dashboards that display fee allocation and accrued benefits in real-time.
Leverage data analytics to track customer satisfaction and outcomes linked to your services. Sharing these insights can illustrate the value your services provide.
Justify your pricing
Link each fee to a tangible benefit. For instance, if you’re charging a premium, ensure that the service enhancements, such as superior returns, enhanced customer support or top-notch risk management features, justify that premium.
Use customer feedback to continuously refine and justify your pricing model. If customers see direct benefits, they’re more likely to perceive your pricing as fair.
Offer transparency and honesty
Are you upfront about all costs? Hidden fees can erode trust faster than almost any other issue.
Do your customers know exactly what they’re paying for? Detailed billing statements and clear communication can help mitigate confusion and build trust.
For example, consider a financial services firm that offers a premium investment product designed for high-net-worth individuals. To deliver on the price and value principle, the firm undertakes a thorough review of its pricing and value proposition. They create an interactive dashboard that provides clients with real-time updates on their investment performance, detailed fee breakdowns and the benefits they receive, such as 24/7 customer support and exclusive access to financial advisors.
In short, this outcome is about turning every interaction into an opportunity to reinforce the value you provide and the fairness with which you provide it. This strategy doesn't just comply with FCA regulations; it elevates your entire customer relationship model, fostering loyalty and trust.
3. Consumer understanding
According to the Consumer Duty, consumer understanding goes beyond just information sharing. It encourages firms to focus on cultivating a helpful environment. Think user-friendly design and personalized guidance—making that information accessible, understandable and actionable.
It’s about creating a digital journey that caters to individual needs, preferences and potential vulnerabilities.
Andrew Stacy, Digital Conduct Risk and Compliance Director at Glassbox, shares an actionable framework:
“When you can start to automate some of the interventions within your digital journey, that's where it becomes exceptionally powerful.” He suggests you ask questions such as:
Why has our customer input their name incorrectly on numerous occasions? Could it be an indicator that they need additional support? Could it be something more sinister?
What about customers who have visual accessibility mode activated? Should we still send them paper statements as normal?
What if we see on the browser that the default language isn't English? Should we tailor the journey to confirm understanding?
What about a customer who takes longer than usual to read products, features, risks and benefits? Should we trigger a video to confirm understanding or follow-up questions, potentially a manual intervention?
Automation means enhancing understanding and support at every step. Imagine identifying patterns where a customer repeatedly inputs incorrect information. This could be a simple mistake or indicate a need for additional support. By recognizing such patterns, firms can offer timely interventions—be it a helpful tooltip, a pop-up chat or a personalized follow-up.
User testing:
If during testing, people using visual accessibility modes struggle with certain features, sending them paper statements might not be the best approach.
Trying different journeys in parallel enables firms to assess what gets the best outcome
Testing can reveal these nuances, allowing firms to refine their interfaces and communication strategies to better meet diverse user needs.
Addressing delays:
Consider customers who take longer than usual to read through product features, risks and benefits. This could indicate confusion or the need for further clarification.
Triggering a video explanation or offering manual intervention can bridge the understanding gap.
Receiving automatic alerts when customers are struggling
Effective consumer understanding involves continuous monitoring and adjustment. Use data analytics to track how customers interact with digital channels and where they face challenges. This ongoing process allows firms to refine their approaches, ensuring that customers are not just informed but truly understand so that they can make decisions that achieve good outcomes.
In summary, consumer understanding is about more than compliance—it's about creating a seamless, supportive digital journey that anticipates and addresses individual needs. By leveraging automation, robust user testing and continuous improvement, firms can ensure that every customer fully understands and benefits from their services—ultimately achieving good outcomes.
4. Consumer support
Firms need to transcend basic assistance to deliver a supportive, empathetic experience that addresses each customer's unique needs. As Mick McAteer, Director of The Financial Inclusion Center, says, “The FCA will now expect firms to hand-hold and guide people during the consumer journey, evaluating every need. From product design to manufacturing and sales, customer expectations will define every element.”
Consumer support should integrate every touchpoint, ensuring no customer is left behind. From product design to after-sales service, every step must prioritize the consumer's best interests. This means anticipating needs, providing clear information and offering personalized help.
Firms shouldn't wait for issues to arise—they should proactively monitor customer interactions to spot potential problems early. This allows for timely interventions, preventing minor issues from escalating. For example, if a customer struggles with a product feature, you can reach out with a help article instead of waiting for them to raise a query.
Also, firms need robust governance and conflict management processes. As McAteer says, “Firms are going to have to demonstrate that they have the right governance and conflict management processes in place to ensure the right outcomes for consumers.” Efficient dispute resolution and complaint handling reinforce trust and loyalty.
Finally, test outcomes every step of the way.
Outcome testing measures whether customers have achieved good or poor outcomes. The FCA's focus on data-driven interventions highlights the importance of using analytics to ensure consumer outcomes are positive and measurable.
“If there are problems, A/B tests can help them show evidence that they spotted and changed the way they operated, resulting in a positive benefit,” says Andrew.
The need for tailored responses and individual attention is higher than ever. Financial brands that deliver a better customer experience (CX) receive twice as many recommendations and their customers are 2X more likely to try new products or services.
Principles in action: replacing poor protocols with best practices
Consumer Duty hinges on identifying bad practices, understanding their impact and knowing exactly how to replace them with best practices.
This section dives into common missteps and the strategies that firms should adopt instead, drawing insights from the FCA’s guidelines and the TISA Best Practice Guide.
1. Lack of transparency
Bad Practice: Many firms don't provide clear, straightforward information about their products—either due to inadequate staff training or a lack of standardized communication practices.
Example: Important details about fees and charges get buried in fine print or couched in complex, jargon-heavy language.
Best Practice: Embrace radical transparency by making information digestible. Use plain language, highlight key details about fees and employ visual aids like infographics. According to both the FCA and TISA Best Practice Guide, clear communication builds trust and ensures consumers fully understand what they’re signing up for.
2. Inadequate support for vulnerable customers
Bad Practice: Firms often neglect to identify and support vulnerable customers which leaves the customers feeling frustrated.
Example: Not providing alternative communication formats for visually or hearing-impaired customers or failing to offer additional support for elderly users uncomfortable with digital interfaces.
Best Practice: Firms should provide multiple communication channels and formats to ensure accessibility for everyone. Staff training is crucial for recognizing and responding to signs of vulnerability. The FCA’s guidance emphasizes the importance of tailored support to ensure that every customer receives the assistance they need to make informed decisions.
3. Poor complaint handling
Bad Practice: Many firms handle complaints poorly, which erodes consumer trust and invites regulatory action.
Example: Long wait times, insufficient follow-up and a cumbersome complaint resolution process creates more support tickets rather than resolving them.
Best Practice: Efficient complaint handling means setting up dedicated teams, ensuring prompt responses and keeping customers informed throughout the resolution process. Conduct regular reviews and make improvements based on feedback from employees and customers.
4. Misleading advertising
Bad Practice: Misleading advertising makes customers suspicious.
Example: Promoting financial products with exaggerated claims or omitting critical risk information.
Best Practice: Marketing should always be honest and clear. Substantiate all claims and disclose any risks or conditions upfront. Regularly review marketing materials for compliance with regulatory standards to manage customer expectations.
5. Insufficient record keeping
Bad Practice: Poor record-keeping hampers a firm’s ability to demonstrate compliance and effectively address consumer issues.
Example: Inadequate documentation of customer interactions and decision-making processes.
Best Practice: Maintain comprehensive records of all customer interactions and decisions. This includes recording digital interactions and ensuring they are easily retrievable. As Andrew emphasizes, “If it isn’t written down, it didn’t happen.” Effective record-keeping enables firms to demonstrate compliance and resolve disputes efficiently.
6. Inadequate governance and oversight
Bad Practice: Inconsistent application of the Consumer Duty due to inadequate governance and oversight can lead to varying service quality and compliance issues.
Example: Lack of a clear governance structure to oversee the implementation of the Consumer Duty principles across different departments.
Best Practice: Firms need clear governance structures and oversight mechanisms to ensure consistent application of the Duty principles. Appointing a Consumer Duty champion at the board level, as recommended by the FCA, helps you oversee implementation and ensure compliance. Regular audits and reviews ensure adherence to standards and prompt addressing of any issues.
How orgs in the US and beyond can prepare
While the Consumer Duty is new, its principles aren’t. US firms that have been customer-centric needn’t put panicked measures in place. Let’s break down the key areas firms need to focus on to prepare effectively:
1. Record-keeping
Record-keeping is the basic building block of all regulatory compliance. ‘If it isn’t written down, it didn’t happen,” says Andrew.
Firms must document consumer outcomes, especially regarding customer understanding. This involves recording and replaying individual sessions, leveraging behavioral insights to prove what information was conveyed and how customers responded. These records help you resolve disputes, respond to regulatory reviews, and ensure transparency in consumer interactions.
2. Session monitoring
With the majority of customer interactions occurring digitally, monitoring these sessions is paramount. Andrew says, “Monitoring sessions isn’t just about whether the customer completed the journey. It’s about ensuring that the customer was given all the right information to enable them to make an informed decision about whether the product is right for them, that it meets their needs, is suitable and affordable” If customers have a poor outcome, firms need to understand why and do something to put it right and prevent recurrence.
Recording session interactions is akin to monitoring customer service calls, allowing firms to review digital interactions and address issues proactively. Tracking comments through the voice of the customer – and voice of the silent, adds another layer of insight into consumer experiences.
3. Past business reviews
Ensuring that past practices align with current regulatory standards can help ease the burden of implementation.
“Past business reviews need to be all-encompassing—spanning an end-to-end level where the output affects the retail customer. Even those indirectly involved in delivery become relevant,” says Amanda.
Conducting gap analysis helps you identify weaknesses in your processes and ensure all contractual provisions are in place between participating parties. This thorough approach guarantees that every part of the business chain aligns with delivering good customer outcomes.
4. Complaints and disputes (root cause analysis)
“Just because each part of the chain seems to be working well, don’t assume they are necessarily suggesting the right outcome for the consumers,” says Mick.
You must delve into the entire chain to understand the consumer’s perspective and address the root causes of complaints. This means not just fixing issues as they arise but mitigating the underlying problems that lead to consumer dissatisfaction. Building a layer of CX that’s compliant but also easy to navigate goes a long way in helping customers self-serve.
To effectively manage complaints, you must take a holistic approach that involves scrutinizing the entire customer journey. This means going beyond surface-level fixes and implementing long-term solutions that fix the problem for good. For example, if you see a pattern of complaints emerging around a particular product or service, examine not just the product itself but the entire ecosystem—marketing, customer support, terms of service, and post-sale processes—that surrounds it. This way, you can understand where the lapse occurred and how you can prevent it in the future.
5. Reporting
Effective reporting ties all of the other elements together. Firms need to provide reports that detail their compliance efforts, consumer outcomes and the steps taken to address any issues. This transparency not only satisfies regulatory requirements but also builds trust with consumers.
“People have correctly identified that they’ll have to augment their tech stack,” Amanda says. “They’re going to need customer data in a number of areas. But also going a step beyond. To properly evaluate what the data is telling them.”
This proactive approach ensures firms are not just compliant but also continuously improving their processes to better serve consumers.
Back to you
Start by assessing your current practices. Are they truly in the best interests of your customers? Dive deep into your product offerings, marketing strategies and customer support systems. Implement the changes needed to align with the Consumer Duty's core principles: acting in good faith, avoiding foreseeable harm and enabling customers to achieve their financial goals.
“When you consider the FCA’s intentions for consumer duty, it is about setting a higher standard for outcomes.” - Mick McAteer
