FCA consults on rules and guidance to improve conduct and communications in payment services and e-money firms

The Consultation Paper[1] proposes to extend the application of the Principles for Businesses and certain specific rules about promotions and communications so that they cover wider categories of businesses that we regulate (including businesses authorised or registered under the Payment Services Regulations or the Electronic Money Regulations). This includes broader types of activities (including the provision of payment services and the issuing of electronic money where they are not connected to an activity regulated under the Financial Services and Markets Act (FSMA)).    

These proposals follow modifications to the FCA’s rule-making powers in 2017, which brought certain businesses authorised or registered under the Payment Services Regulations or the Electronic Money Regulations within their scope alongside businesses authorised under FSMA.  

The FCA has also proposed new guidance to help ensure that firms do not mislead consumers when they are advertising payment services that involve a currency conversion. This delivers on a commitment by the FCA made last year, to act on concerns about firms’ use of currency converter tools in relation to their currency transfer services. 

These measures should help customers to better understand that standards the FCA expects of firms in the market, and will make it easier for the FCA to intervene when it sees harm. The FCA’s disciplinary powers under FSMA would apply to breaches of the proposed new rules, including those relating to marketing and communications, and this would reinforce the effectiveness of the FCA’s enforcement approach across the markets for payment services and electronic money. 

Christopher Woolard, Executive Director of Strategy and Competition at the FCA said:

“This is a measured intervention – for many it will simply reflect current good practice and ensure that they are subject to the fundamental obligations that we expect of regulated firms.

“For some, however, it should be a clear signal that through our rules, supervisory and enforcement action, we will not tolerate customers being misled or being treated unfairly.” 

The FCA is now seeking comments on the proposals set out in this Consultation paper, which closes on the 1 November 2018.

Notes to Editors

1. ​​​[2]CP18/21: General standards and communication rules for the payment services and e‑money sectors[1].
2. On 1 April 2013, the FCA became responsible for the conduct supervision of all regulated financial firms and the prudential supervision of those not supervised by the Prudential Regulation Authority.
3. The FCA has an overarching strategic objective of ensuring the relevant markets function well. To support this it has three operational objectives: to secure an appropriate degree of protection for consumers; to protect and enhance the integrity of the UK financial system; and to promote effective competition in the interests of consumers.
4. Find out more information about the FCA[3].