What is Consumer Duty?
The FCA has introduced the Consumer Duty (the Duty) to improve levels of protection for retail customers after continuing to find evidence that retail customers:
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typically face a weak bargaining position in their relationship with firms;
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are more susceptible to cognitive and behavioural biases;
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may lack experience or expertise in relation to products offered; and
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are subject to information asymmetries (between themselves and firms).
The Duty sets the standard of care that firms should give to investors in retail financial markets. It is being implemented through three core mechanisms:
1. The introduction of a new principle for business: A firm must act to deliver good outcomes for retail customers.
2. The introduction of three new cross-cutting rules:
- A firm must act in good faith towards retail customers
- A firm must avoid forseeable harm to retail customers
- A firm must enable and support retail customers to pursue their financial objectives.
3. The introduction of four consumer outcomes, focused on:
- Products and services
- Price and value
- Consumer understanding
- Consumer support
The Duty comes into force for all new and existing products and services open to retail investors on 31 July 2023, and for closed book products and services on 31 July 2024. To facilitate the July 2023 implementation deadline, the FCA requires all manufacturers to complete the assessment of their in-scope products and services and share all relevant information with their distributors by 30 April 2023 to allow a three-month period for those distributors to complete their own assessments.
Liontrust's approach to Consumer Duty
The below has been written on behalf of Liontrust.
Culture and Strategy
The FCA has emphasised the importance company culture has on delivering good outcomes for the retail investor. We have a dedicated working group to ensure that our purpose, leadership, governance and people aligns with the Consumer Duty. Clients and investors are at the core of all our actions and decisions.
How we plan to monitor outcomes
Our approach to identifying areas of harm considered the four consumer outcomes at each stage in our documented consumer journey and product life cycle. This enables us to assess what we want investors to experience at each stage and how we can support them. We plan to use the Group Risk Scorecard system to measure levels of harm and confirm whether we have met consumer outcomes. Risk indicators show when an action should be considered. The output of this proactive and reactive monitoring approach will be supplemented with additional reporting on Consumer Duty. We are also in the process of establishing a new Committee - the Consumer & Conduct Committee - that will replace our existing Treating Customers Fairly (TCF) Committee. The Committee will be structured around the four consumer outcomes, cross-cutting rules, and culture, conduct and competence.
Consumer Understanding and Consumer Support outcomes
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The educational content on the website is continually being expanded. This is available for personal investors when they visit the website and for distributors to use with their clients. We are planning to broaden the use of infographics and videos for education.
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The Liontrust website has separate customer journeys for different users, including one for professional advisers based in the UK and another for personal investors. We have reviewed the wording across the personal investor website and the accessibility to information. We are making changes to some of the content especially around the risks and benefits of Liontrust funds (such as the recommendation to invest for at least five years, and the fact they do not have exit fees and can be redeemed at any time); signposting and quicker access to some information such as How to Invest and the annual Assessment of Value Report; and other wording including for ISAs and JISAs.
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We are also reviewing and expanding the literature that we produce for distributors to share with their clients. Liontrust has joined with other asset managers to establish a consumer panel run by an independent research company. The panel is testing communications, literature and other content (written, video and podcast) with retail investors. This is providing feedback on whether retail investors understand the communications, literature and content; what they find interesting and useful; and what else they want to be given and informed about. This will help us to make our communications as relevant and accessible as possible.
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We welcome feedback from distributors on our communications and literature. We will be engaging directly with a number of distributors going forward to ensure our communications and literature promote understanding for their clients.
Vulnerability & Accessibility
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The work we have undertaken so far in relation to characteristics of vulnerability focuses on the FCA’s four key drivers – poor health, negative life event, low financial resilience and low capability. We have reviewed available information, processes and controls and considered how scenarios may require different and/or additional information and support, depending on the type of product or service. We are actively looking at ways to improve consumer outcomes for investors with characteristics of vulnerability.
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We have appointed three internal Vulnerable Customers Champions who will receive specialist training.
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Training on the Duty is being provided to ensure all Liontrust employees are aware of their responsibilities as part of their specific roles and how they are able to contribute to good customer outcomes. This will include specific consideration of retail investors with characteristics of vulnerability.
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We are adding tools to the website to aid accessibility for users. This includes providing the ability to change font sizes, colours and have an audio option for written content.
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We are working with our administrators, Bank of New York Mellon, to enable the provision of consumer communications in different accessible formats.