The Financial Services Consumer Panel today said that the FSA must put consumer protection at the heart of the new simplified selling regime, with its consultation paper1 published today. While acknowledging that there has been some movement in the right direction, the Panel believes that there is still some way to go.
The FSA has taken on board some of the main concerns of the Consumer Panel by defining the process as advice; requiring firms to check people's suitability and affordability; requiring written records to be given; and ensuring that consumers will have access to the Financial Ombudsman Service. These are all welcome.
However the Panel is still unhappy about some of the current proposals. For example, firms will not be required to show consumers the impact of charges through projection illustrations, and will not have to send any post sales confirmation; it is not clear what these new "advisers" will be called; or how much firms will be able to put responsibility onto consumers through the signing of disclaimers.
The FSA will have to demonstrate that the vast majority of consumers will get good outcomes from this process, and the Panel will monitor the third round of consumer testing, also announced by the FSA today. In particular, there will have to be sufficient and clear warnings and prompts for the consumer to pull out of the simplified selling process if they have other financial priorities. The Panel will also be responding in detail to the consultation.
Ann Foster, Chairman of the Consumer Panel said:
"These new stakeholder products will be aimed at people who will be buying products for the first time - the very people who will need good consumer protection due to their inexperience in this field. In the light of the announcement on the price cap, these consumer protection measures will be even more important as the impact of charges will affect the suitability of the product.
At the same time, ultimately a great deal of this will depend on how these products are actually sold by financial services firms, and how the sales people are incentivised. It is in no one's interests for stakeholder products to become the next misselling scandal. Certain key consumer protection measures must remain in place."
1 "A basic advance regime for the sale of stakeholder products" - Financial Services Authority CP04/11***
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A full list of Panel news releases, publications and consultation responses can viewed at the Financial Services Consumer Panel website at: www.fs-cp.org.uk.
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