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REFILE-UK watchdog signals new onus on sellers in finance rules

Wed, 10th Apr 2013 19:42

* FCA tells banks can't rely on "buyer beware" defence

* Regulator taps behavioural economics for first time in UK

* Lawyer says speech marks key shift in regulation inBritain

By Huw Jones

LONDON, April 10 (Reuters) - Britain's new watchdogannounced sweeping changes in financial regulation on Wednesday,telling banks they can no longer blame customers when productsgo wrong and promising to study how consumers behave to makesure they can make the right decisions.

The Financial Conduct Authority is one of two new agencieslaunched this month to replace the Financial Services Authorityand rewrite the rules for a financial industry brought low bythe 2008 crisis and years of costly misbehaviour.

The FCA's main focus is on protecting consumers who havebeen ripped off in recent years by the selling of inappropriateproducts in a series of scandals that led to settlements costingbanks billions of pounds.

Banks will no longer be permitted to claim the "caveatemptor" or "buyer beware" defence when selling complex productsto customers with little knowledge of finance, the FCA'smanaging director Martin Wheatley will say in a speech later onWednesday.

It signals a shift from the principle that has longunderpinned UK financial regulation, under which the risk of aninvestment decision usually falls on the buyer.

"There are questions that many investors simply will not askbecause they are humans, not automatons," Wheatley will say inhis first speech as CEO, excerpts of which were made availablein advance. "There is a question of how a regulator navigatesthe balance of power between consumer and provider."

Wheatley will announce plans to draw on the emerging fieldof behavioural economics for the first time by a Britishregulator, to encourage better consumer decisions and stop sharppractice at banks, according to the excerpts.

Unlike traditional economics, which assumes people will tendto behave rationally, behavioural economics looks at how socialand emotional factors lead people to make decisions. It usesinsights from psychology to explore the reasons for mistakes,like failing to cut losses when an investment goes wrong or notunderstanding what compound interest is.

"We want the regulatory system to use behavioural economicsto ascertain whether people are being put off switching productsthrough inertia, inattention or even the simple fear of regretfrom making the wrong decision," Wheatley will say.

The FCA is part of Britain's new supervisory system,launched to draw a line under both the financial crisis and twodecades of scandals over the mis-selling of products, frompensions to payment protection insurance.

A separate body will supervise whether banks are sound,splitting the duties of the former FSA which used to beresponsible both for overseeing banks' financial positions andfor monitoring misbehaviour in the financial sector.

The banks' 14 billion pound compensation bill formis-selling loan insurance is high enough for regulators toforce them to hold more capital to keep the financial systemstable.

Etay Katz, a financial services lawyer at Allen & Overy,said the speech marks a shift in responsibility for banksdelivering a product to mass markets.

"The broader concern is that this will not only be appliedjust to retail but also to wholesale as well so you can't assumea big investor like local authorities have the expertise thatcan be relied on," Katz said.

UK lawmakers are pushing the FCA to get banks to offer asuite of easily understood, simple savings products to encouragemore people to save for their retirement and rely less onpensions from cash-strapped governments.

The watchdog published two papers on behavioural economics,looking at how consumers choose and use products, andencouraging customers to claim redress.

More News
19 Jul 2023 14:35

UK earnings, trading statements calendar - next 7 days

Thursday 20 July 
3i Group PLCTrading Statement
AJ Bell PLCTrading Statement
Anglo American PLCTrading Statement
Babcock International Group PLCFull Year Results
BHP Group LtdTrading Statement
Diploma PLCTrading Statement
Dunelm Group PLCFull Year Results
easyJet PLCTrading Statement
Howden Joinery Group PLCHalf Year Results
IG Group Holdings PLCFull Year Results
Intermediate Capital Group PLCTrading Statement
International Distributions Services PLCTrading Statement
Kier Group PLCTrading Statement
PensionBee Group PLCTrading Statement
Pharos Energy PLCTrading Statement
Premier Foods PLCTrading Statement
Premier Miton Group PLCTrading Statement
SSE PLCTrading Statement
Taylor Maritime Investments LtdFull Year Results
Vistry Group PLCTrading Statement
Volution Group PLCTrading Statement
Friday 21 July 
Close Brothers PLCTrading Statement
Glencore PLCTrading Statement
Petershill Partners PLCTrading Statement
Thruvision Group PLCFull Year Results
Monday 24 July 
discoverIE Group PLCTrading Statement
Cranswick PLCTrading Statement
Glantus Holdings PLCTrading Statement
MoneySupermarket.com PLCHalf Year Results
Ryanair Holdings PLCQ1 Results
Science Group PLCHalf Year Results
Shanta Gold LtdTrading Statement
South32 LtdTrading Statement
Vodafone Group PLCTrading Statement
Tuesday 25 July 
City of London Investment Group PLCTrading Statement
Compass Group PLCTrading Statement
Croda International PLCHalf Year Results
Games Workshop Group PLCFull Year Results
Greencore Group PLCTrading Statement
Hummingbird Resources PLCTrading Statement
MITIE Group PLCTrading Statement
Paragon Banking Group PLCTrading Statement
Reach PLCHalf Year Results
Smart Metering Systems PLCTrading Statement
Tristel PLCTrading Statement
Tyman PLCHalf Year Results
Unilever PLCHalf Year Results
Unite Group PLCHalf Year Results
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Aptitude Software Group PLCHalf Year Results
Breedon Group PLCHalf Year Results
Conduit Holdings LtdHalf Year Results
Ecora Resources PLCTrading Statement
Fresnillo PLCTrading Statement
FRP Advisory Group PLCFull Year Results
Gresham Technologies PLCHalf Year Results
Hargreaves Services PLCFull Year Results
Lloyds Banking Group PLCHalf Year Results
Marston's PLCTrading Statement
Nichols PLCHalf Year Results
Primary Health Properties PLCHalf Year Results
Rathbones Group PLCHalf Year Results
Rio Tinto PLCHalf Year Results
Science Group PLCHalf Year Results
Van Elle Holdings PLCFull Year Results
  
Copyright 2023 Alliance News Ltd. All Rights Reserved.

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