The new FCA consumer duty: the interrelationship with regulatory and common law obligations
This article considers the FCA’s proposed consumer duty. It concludes that:
- the extent to which the New Consumer Duty imposes a higher standard than that already contained in FCA Handbook Principles 6 and 7 is especially dependent on interpretation of the Price and Value Outcome;
- the interrelationship between the New Consumer Duty and existing regulatory and common law obligations poses uncertainty to regulated firms; and
- there are likely to be differences in the enforcement approach of the FCA, civil courts and the FOS.
This article was first published in the March 2022 edition of the Butterworths Journal of International Banking and Financial Law and is reproduced with their permission.