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What is Consumer Duty Regulation for Credit Risk in the UK

Cassidy Bellville

October 13, 2023

What is the Consumer Duty Regulation?

The Consumer Duty Regulation is a significant regulatory framework that has been introduced by the Financial Conduct Authority (FCA) in the UK. Its primary objective is to ensure that financial services organisations prioritize and proactively work towards delivering good outcomes for their customers throughout the entire customer journey and lifecycle.

Understanding Consumer Duty Regulation for Credit Risk

The Consumer Duty Regulation is a result of extensive consultation and consideration by the FCA. It represents a key element of the FCA’s three-year plan and its commitment to raising the standards of consumer protection in the financial services industry.

To understand the regulation better, let’s delve into its origins and historical context. It is crucial to recognize that the Consumer Duty Regulation is a response to concerns raised about consumer outcomes in the industry. These concerns include issues such as mis-selling, lack of transparency, and poor treatment of vulnerable customers. The regulation aims to address these issues and create a more equitable and customer-centric financial services sector.

Core Elements of Consumer Duty Regulation for Credit Risk

Deciphering the Consumer Duty Framework: To fully grasp the implications of the Consumer Duty Regulation, it is essential to explore its structure and components. The framework consists of three cross-cutting rules and four outcome rules, each designed to reinforce good customer outcomes and promote fairness in financial services.

The three cross-cutting rules lay the foundation for the regulation. They require companies and to act in the best interest of their customers, provide products and services that meet customers’ needs, and maintain a duty of care. The four outcome rules focus on specific areas such as communications, products and services, customer service, and customer feedback.

An in-depth understanding of these rules and guidance will help credit risk professionals navigate the regulatory landscape effectively and ensure compliance.

Post-Publication Impacts and Responses

Since the publication of the Consumer Duty Regulation, there have been significant impacts and responses from the financial services industry. Let’s explore some of these below:

1. FCA’s Assessment of Consumer Duty Compliance:

Since the publication of the Consumer Duty Regulation, the FCA has been actively reviewing implementation plans and their outcomes. The FCA’s assessment provides insights into the industry’s response to the regulation, highlighting areas of successful implementation as well as those that require improvement.

It is critical that credit risk teams stay informed about the FCA’s assessment findings and align their preparations accordingly in order to meet the regulatory requirements.

2. Prioritization Strategies for Effective Compliance:

To effectively comply with the Consumer Duty Regulation, credit risk teams need to prioritize their activities. Prioritization ensures that resources and efforts are directed toward addressing areas of highest importance, increasing the likelihood of successful compliance.

Developing clear strategies for identifying and addressing compliance gaps is crucial. This may involve assessing existing processes, systems, and policies, and making necessary adjustments to align with the regulation’s requirements.

3. Collaborative Engagement with 3rd Parties:

The Consumer Duty Regulation emphasizes the need for collaborative engagement within the distribution chain. Financial services organisations must work closely with intermediaries, such as brokers and price comparison websites, to ensure that information is effectively shared and implemented.

Building strong relationships and open lines of communication with 3rd parties is essential for achieving good customer outcomes and maintaining compliance with the regulation.

Consumer Duty: The Targeted Sectors

The Consumer Duty Regulation is not limited to banking and financial services. Other sectors, such as insurance, telecoms, and specialist asset finance, are also impacted by the regulation. Understanding how the regulation affects these sectors is essential for comprehensive compliance. Let’s explore two areas of interest:

Sectors in Preparation for Consumer Duty
The Consumer Duty Regulation is not limited to banking and financial services. Other sectors, such as insurance, telecoms, and specialist asset finance, are also impacted by the regulation. Understanding how the regulation affects these sectors is essential for comprehensive compliance.

Recent developments and emerging clarity within specific sectors shed light on their preparations for the Consumer Duty Regulation. Insights from these sectors can inform credit risk professionals’ own preparations and help identify sector-specific challenges and solutions.
Navigating the Unique Challenges for Credit Risk Teams
Credit risk teams face unique challenges in adapting to the requirements of the Consumer Duty Regulation. It is important to recognize these challenges and develop strategies to address them effectively.

Some primary focus areas for credit risk teams include data quality, vulnerability considerations, affordability assessments throughout the customer lifecycle, and cross-disciplinary approaches. By focusing on these areas, credit risk teams can enhance their compliance efforts and contribute to positive customer outcomes.

Banking and Financial Services’ Focus on Consumer Duty

The banking and financial services industry places significant focus on complying with the Consumer Duty Regulation for credit risk. Let’s dive into some key areas of focus:

Data Quality as a Cornerstone for Compliance
Data quality plays a critical role in achieving compliance with the Consumer Duty Regulation. Accurate and reliable data is essential for informing decision-making, optimizing product performance, and improving customer support. Organisations need to ensure that their data sources are robust, up-to-date, and capable of supporting the regulation’s requirements.
Spotlight on Vulnerability
Recognizing and addressing vulnerability is a key focus area for banking and financial services. Organisations need to enhance their identification and support for customers who show signs of financial and non-financial vulnerability. This may involve developing personalized communication channels and tailored support for vulnerable customers.
Affordability and Customer Lifecycle
Ensuring that customers receive tailored support when facing financial difficulty is crucial for compliance with the Consumer Duty Regulation. Credit risk teams need to assess affordability throughout the customer lifecycle and make informed decisions to provide appropriate support. This includes reviewing affordability assessments at the onboarding stage and evaluating key decision points to mitigate financial risks.
Workstreams and Cross-disciplinary Approaches
Credit risk teams can benefit from organizing their Consumer Duty activities into workstreams aligned with the regulation’s cross-cutting rules. This approach ensures comprehensive compliance considerations and encourages collaboration across different business teams, such as marketing, product, analytics, data, and customer support.
The Increasing Knowledge Curve
As the deadline for compliance with the Consumer Duty Regulation approaches, the level of knowledge and activity within banking and financial services is on the rise. It is crucial for credit risk professionals to stay informed about the regulation, internal communications, and rollout plans within their organizations. Increasing knowledge levels will strengthen compliance efforts and contribute to successful preparations.
Intermediaries and the New Emphasis
The Consumer Duty Regulation places increased emphasis on how banking and financial services companies engage with intermediaries, such as brokers, dealers, and price comparison websites. Collaborative engagement with these 3rd parties is essential to deliver good customer outcomes and ensure compliance with the regulation. Credit bureaus also play a crucial role in the ecosystem, facilitating information sharing and supporting organisations in their engagement with consumers.

Key Focus Areas and Strategies

To ensure compliance with the Consumer Duty Regulation, organisations must focus on various key areas and develop effective strategies.

Demonstrating Positive Customer Outcomes

Complying with the Consumer Duty Regulation requires a focus on demonstrating positive customer outcomes, particularly in affordability assessments. Organisations need to enhance their affordability strategies and monitor changes throughout the customer lifecycle. This includes obtaining credit bureau data to gain insights into a customer’s financial resilience and regularly reviewing their financial position.
Support and Vulnerability Measures

Identifying customers facing financial difficulty and providing tailored support is an integral part of compliance with the Consumer Duty Regulation. Companies need to enhance their pre-delinquency capabilities, identify changes in customers’ payment behavior, and engage with them through appropriate communication channels. Personalized communication approaches that consider the unique needs of each customer are more likely to yield positive outcomes.
Product Design Aligned with the Target Market

To comply with the Consumer Duty Regulation, organisations must ensure that their products meet the needs and objectives of the target market. This requires ongoing review and analysis of the target market and its evolving needs. Market-level data can help in product design decisions, supplementing internal data sources and ensuring fairness in product development.
Transparency in Identity Resolution

Achieving transparency and control in matching consumer and commercial entities is an essential part of complying with the Consumer Duty Regulation. Organisations must ensure that their distribution strategy aligns with the regulation’s requirements and does not lead to poor customer outcomes. Transparency in identity resolution is crucial for maintaining fairness and delivering products to the intended target market.
Monitoring and Measuring Outcomes

The Consumer Duty Regulation introduces new monitoring requirements to ensure that organisations regularly review and measure customer outcomes. Existing management information and data sources may not be sufficient to meet these requirements. Organisations need to establish monitoring mechanisms that provide insight into customer behavior and enable the identification of areas where the regulation’s rules are not fully met.

Supporting Your Consumer Duty Preparation

Preparing for compliance with the Consumer Duty Regulation requires comprehensive understanding and collaboration.

Expanding Support Beyond Banking and Financial Services

The impact of the Consumer Duty Regulation extends beyond banking and financial services. Other sectors, such as insurance, telecoms, and specialist asset finance, are also influenced by the regulation. Understanding how the regulation affects these sectors can help in developing comprehensive compliance strategies.
Benchmarking Customer Outcomes

To support companies in their compliance efforts, a benchmarking service has been introduced. This service allows organisations to assess their customer outcomes against relevant markets and peer groups. Leveraging data quality, benchmarking can provide metrics for auditing and benchmarking compliance with the Consumer Duty Regulation.
Connect with the Experts

Engaging with consulting experts can provide valuable insights and guidance on the Consumer Duty Regulation. Collaboration with experts helps companies navigate the regulatory landscape more effectively and ensures a successful transition to compliance.

Conclusion:

Compliance with the Consumer Duty Regulation is of utmost importance for banks and financial services organisations. The regulation aims to raise customer outcomes and promote fairness in the industry. Key areas of focus include customer affordability, vulnerability considerations, product design aligned with the target market, transparency in identity resolution, and monitoring outcomes.

As the deadline for compliance approaches, companies must continuously update their knowledge, collaborate effectively, and adapt to regulatory changes. The path forward requires ongoing efforts to improve customer outcomes and create a fair and customer-centric financial services sector. By staying informed and embracing compliance, companies can successfully navigate the path forward and ensure positive customer experiences.

FAQs

What is the deadline for compliance with the Consumer Duty Regulation?

The deadline for compliance with the Consumer Duty Regulation is 31 July 2023 for open products and services, and 31 July 2024 for closed products and services.

What is the deadline for compliance with the Consumer Duty Regulation?

The Consumer Duty Regulation will require credit risk teams to review their underwriting and collections practices to ensure that they are fair and reasonable, and that they do not cause unnecessary harm to customers. Teams will also need to consider how to support vulnerable customers and customers who are experiencing financial difficulties.

Here are some specific examples of how the Consumer Duty Regulation may impact credit risk teams:

Teams may need to review their scoring models to ensure that they are not biased against certain groups of customers.
Teams may need to develop new policies and procedures for dealing with customers who are in arrears.
Teams may need to provide more support to vulnerable customers, such as those with mental health problems or who are experiencing domestic violence.

Are there any specific requirements for collaboration with intermediaries under the regulation?

Yes, the Consumer Duty Regulation requires organisations to collaborate with intermediaries in a way that is fair and reasonable, and that protects the interests of consumers. This includes providing intermediaries with the information and support they need to meet their own regulatory obligations.

Here are some specific examples of how companies can collaborate with intermediaries in a way that meets the requirements of the Consumer Duty Regulation:

Providing intermediaries with clear and concise information about their products and services.
Helping intermediaries to assess the suitability of products and services for their customers.
Providing intermediaries with support in dealing with customer complaints.

How can financial services organizations ensure transparency in identity resolution?

Organisations can ensure transparency in identity resolution by:

Providing customers with clear and concise information about how their personal data will be used for identity resolution purposes.
Giving customers control over their personal data and how it is used.
Allowing customers to access and correct their personal data.
Using identity resolution solutions that are based on fair and reasonable principles.

What are the consequences of non-compliance with the Consumer Duty Regulation

The consequences of non-compliance with the Consumer Duty Regulation can include:

Financial penalties
Regulatory sanctions, such as a reduction in the scope of the firm’s authorization
Damage to the organisations’s reputation
Increased risk of litigation

What support and resources are available for organizations in preparing for compliance?

The Financial Conduct Authority (FCA) has published a number of resources to help companies prepare for compliance with the Consumer Duty Regulation, including:

A final rules and guidance document
A consumer duty implementation plan template
A consumer duty self-assessment tool
A series of FAQs

The FCA is also offering a number of workshops and events to help organisations implement the Consumer Duty Regulation. In addition, there are a number of private sector consultancies that can provide companies with support in preparing for compliance with the Consumer Duty Regulation.

References:

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