FCA publishes financial promotion case studies

On 9 July 2021, the UK Financial Conduct Authority published financial promotion case studies (which were updated in October 2021). The FCA said it recognised “the need to provide information for firms to understand the financial promotions rules that apply to particular products and services“.

It has therefore published two short video case studies:

– the first is a case study for a hire purchase agreement which includes common mistakes the FCA often sees firms making; and

– the second is a case study for claims management companies offering their services for financial service products which includes common mistakes the FCA often sees firms making.

ASA publishes ruling banning advert irresponsibly encouraging the use of credit to finance excessive spending on Christmas gifts

On 10 March 2021, the Advertising Standards Authority published a ruling banning an advert by DSG Retail Limited t/a Currys, PC World, Currys PC World deciding it had irresponsibly encouraged the use of credit to finance excessive spending on Christmas gifts.

The advert referred to a ‘buy now, pay later’ regulated credit agreement provided by Creation Consumer Finance Limited under which the consumer would pay no interest if the balance was repaid in the first six months but, if the consumer decided to pay over the agreement’s term (which was longer than 6 month), interest would be charged for the full period of the agreement (including the first 6 months). The representative APR was 24.9%.

The ASA considered “the combination of the sequence of those scenes and the voice-over statement, “Give everyone you love a little ‘oooh’ this Christmas. Buy now, pay nothing for six months” would lead viewers to understand that the dissatisfied individuals in the first part of the ad had not used or considered a ‘pay later’ method to buy or search for those items, but that the gifts shown in the second part of the ad had been purchased using the ‘pay later’ credit option with Currys PC World”.

The ASA decided that “the ad’s messaging explicitly connected the use of a form of credit with deferred payment to buying more expensive gifts, and making people’s loved ones happy with their presents at Christmas as a result”. The ASA went on to decide that “[p]articularly  in the context of the global pandemic and the associated financial difficulties for many people, we concluded the ad irresponsibly encouraged the use of credit to finance excessive spending on Christmas gifts, and was in breach” of BCAP Code rule 1.2 (responsible advertising).

The ASA ruled the advert “must not appear again in the form complained about” and adverts in the future must not “irresponsibly encourage excessive spending through the use of credit, particularly in relation to purchasing higher value Christmas gifts with a ‘pay later’ payment method”.

ASA publishes ruling banning adverts which irresponsibly encouraged consumers to take credit by linking it with lifting or boosting mood

On 23 December 2020, the Advertising Standards Authority published a ruling banning adverts by influencers deciding they had irresponsibly encouraged customers to take credit with Klarna to pay for goods by linking that with lifting or boosting mood.

The ASA decided that “each ad promoted the use of Klarna’s deferred payment services” and the influencers had “linked buying beauty or clothing products … with enhancing their mood during an uncertain and challenging period, when many people were experiencing difficult circumstances and isolation during the lockdown, including financial concerns and mental health problems”.

The ASA also decided that one of the adverts “linked the use of Klarna with boosting one’s mood in lockdown” and “in the context of the challenging circumstances caused by the lockdown at the time, including impacts on people’s financial and mental health, the ads irresponsibly encouraged the use of credit to improve people’s mood”.

The ASA ruled the “ads must not appear again in its current form”. The ASA also told Klarna Bank AB, and the influencers, that “their future advertising must not irresponsibly encourage the use of Klarna’s deferred payment service, particularly by linking it with lifting or boosting mood”.

HM Treasury consults on regulatory framework for the approval of financial promotions

Earlier this week, on 20 July 2020, HM Treasury published a consultation on the regulatory framework for the approval of financial promotions.

HM Treasury says that experience in recent years suggests the regime needs “additional safeguards to ensure that approval by an authorised person is a genuinely effective means of ensuring that consumers are protected from deficient or potentially harmful financial promotions“.

To strengthen the Financial Conduct Authority’s ability to ensure the approval of financial
promotions operates effectively, the Government proposes to establish a regulatory ‘gateway’, which a firm must pass through before it is able to approve the financial promotions of unauthorised firms. Any firm wishing to approve the financial promotions of unauthorised firms would therefore first need to obtain the FCA’s consent.

The deadline for responding is 12pm on 25 October 2020.

ASA publishes decision on use of phrase “pre-approved” in a consumer credit financial promotion

Earlier today, on 6 May 2020, the UK Advertising Standards Authority published a decision on a consumer credit financial promotion involving ClearScore using the word “pre-approved” without telling the customer that further checks would be needed.

The ASA said “the average consumer would understand the term “pre-approved” in the ad to mean that they were guaranteed to get any loan or product subsequently shown to them as pre-approved when using ClearScore’s services. We noted that the pre-approved offers would be dependent on personal eligibility, subject to the customer providing the correct financial information to ClearScore, and subject to a lender’s own checks. However, there was no information in the ad to indicate that further checks would be made following a pre-approved offer, which could result in the application being declined. Because the claim “pre-approved”, in the context of the ad, was likely to be understood to mean that customers who received “pre-approved” offers would be guaranteed to get those offers, when that was not the case, we concluded that the ad breached the Code”.

The ASA told ClearScore to make sure its advertising complied with CONC and to make it clear that pre-approved offers are subject to additional checks by the lender before approval.

Advertising Standards Authority bans a television advert which fails to mention a guarantor may be required

On 15 April 2020, the UK Advertising Standards Authority (the ASA) published a decision involving aa televsion advert aimed at business borrowers which failed to say a personal guarantee may be necessary.

The ASA banned the advert saying it “disagreed with Funding Circle that it was not necessary to flag it in the ad as a possibility to applicants” and “the possibility that a personal guarantee would be required in a business loan was material information that needed to be stated in an ad”.

FCA publishes new web page and guidance for firms approving financial promotions of unauthorised firms

On 26 November 2019, the UK Financial Conduct Authority published a new webpage and guidance for firms approving financial promotions of unauthorised firms. The guidance claims to be setting out “some practical implications of our existing requirements, rather than setting out new standards”. The FCA flags it has particular concerns over ‘mini bonds’.

This webpage follows the FCA decision to issue a ‘Dear CEO’ letter to firms in April 2019.