The Linklaters Podcast

Interview with Samaritans on vulnerable customers // Consumer Duty

Episode 11: The FCA’s Consumer Duty

In this episode we interview special guest Jason Jaspal (Samaritans) for Samaritans’ insights on what firms can do in practice to support vulnerable customers, in the context of the Consumer Duty’s customer communication and support outcomes and its new enforceable rules about vulnerable customers.

This episode features Connie Faith (associate) and Duncan Campbell (senior associate) in our London financial regulation team.

Visit samaritans.org/step or email step@samaritans.org to find out more about how Samaritans Training and Engagement Programmes (STEP) can support organisations to train their people and teams to spot and support anyone struggling to cope.

And visit Linklaters’ Consumer Duty webpage for all our insights on the Consumer Duty.

Implementation plans - the FCA’s feedback // Consumer Duty

Episode 10: The FCA’s Consumer Duty

In this podcast episode we count down the top five messages from the FCA's feedback on firms' implementation plans.  We discuss uplift to your existing arrangements, seeking expert input and independent assurance, prioritising your implementation workstreams effectively, making cultural change, and taking a rigorous approach to monitoring. This episode features Sara Cody (counsel) and Duncan Campbell (senior associate) in Linklaters' London financial regulation team. Visit our Consumer Duty webpage for all our insights on the Consumer Duty.

Scoping for asset managers // Consumer Duty

Episode 9: The FCA’s Consumer Duty

In this podcast episode we work through case studies illustrating Consumer Duty scoping for asset managers.  We discuss discretionary management on a delegated basis, pensions schemes, and investment trusts.  This episode complements our November webinar on Consumer Duty scoping and setting up implementation for success.

This episode features Duncan Campbell (senior associate) and Clare Wiles (associate) in Linklaters' London financial regulation team. If you would like to discuss any aspect of the Consumer Duty or you would like to explore how we can help you navigate the implementation process, please contact Sara (Sara.Cody@linklaters.com), Duncan (Duncan.Campbell@linklaters.com) or any of your Linklaters contacts.

This episode complements our November webinar on Consumer Duty scoping and setting up implementation for success. Visit our Consumer Duty webpage for a recording of this webinar and all our other insights on the Consumer Duty.

Scoping for wholesale firms // Consumer Duty

Episode 8: The FCA’s Consumer Duty

In this podcast episode we work through case studies illustrating Consumer Duty scoping for wholesale firms.  We discuss the implications of the definition of "retail customer" and opting up, where you might rely on the relevant exemptions including ECM, DCM and retail structured products, and being in a "distribution chain" and consequences for custody services.

This episode features Sara Cody (counsel) and James Morris (managing associate) in Linklaters' London financial regulation team. If you would like to discuss any aspect of the Consumer Duty or you would like to explore how we can help you navigate the implementation process, please contact Sara (Sara.Cody@linklaters.com), Duncan (Duncan.Campbell@linklaters.com) or any of your Linklaters contacts.

This episode complements our November webinar on Consumer Duty scoping and setting up implementation for success. Visit our Consumer Duty webpage for a recording of this webinar and all our other insights on the Consumer Duty.

October 2022 - Consumer Duty update // Fintech

Episode 26: Payments Monthly

The FCA has finalised its plans for a new Consumer Duty. Harry Eddis, Olivia Murphy and Simon Treacy highlight what’s changed since the draft rules and other points of interest for payment and e-money institutions.

In their discussion, they consider scoping issues including through the lens of some specific e-money and payments scenarios, as well as touching on implementation plans and ongoing monitoring.

For more resources on the Consumer Duty including a recording of our November 2022 webinar on scoping, visit our Consumer Duty webpage.

The final rules – your implementation journey begins // Consumer Duty

Episode 7: The FCA’s Consumer Duty

The FCA has now published its final rules implementing a new Consumer Duty. In this podcast episode we highlight key changes from the draft rules and begin to explore what the implementation journey will look like across the spectrum of firms subject to the Duty.

This episode features Sara Cody (counsel) and Duncan Campbell (senior associate) from Linklaters’ Financial Regulation team in London. If you would like to discuss any aspect of the Consumer Duty or you would like to explore how we can help you navigate the implementation process, please contact Sara (Sara.Cody@linklaters.com), Duncan (Duncan.Campbell@linklaters.com) or any of your Linklaters contacts.

The second consultation paper - implications for asset managers // Consumer Duty

Episode 6: The FCA’s Consumer Duty

In this podcast episode we discuss implications for asset managers of the FCA's second consultation paper on its proposed new consumer duty, including its scope, interaction with existing Principles, application throughout the distribution chain, monitoring and testing, and steps that asset managers can take now to prepare. 

This episode features Raza Naeem and Sara Cody (counsel, financial regulation, London). It complements our podcast episode on the implications of the second consultation paper for all firms.

Visit our consumer duty webpage for all our resources on the proposed consumer duty.

The second consultation paper // Consumer Duty

Episode 5: The FCA’s Consumer Duty

In this podcast episode we discuss the FCA's second consultation paper on its proposed new consumer duty. What's changed between the first and second consultation? What questions does the second consultation paper answer? And what steps can you take to prepare?

This episode features Gavin Lewis (partner, dispute resolution, London) and Sara Cody (counsel, financial regulation, London).

Visit our consumer duty webpage for all our resources on the proposed consumer duty.

Implications for asset managers // Consumer Duty

Episode 4: The FCA’s Consumer Duty

In this podcast episode we discuss aspects of the FCA's proposed financial services consumer duty that may have particular implications for both retail and wholesale asset managers - including how the duty can apply to various firms in the distribution chain, how the consumer duty could go beyond existing TCF obligations, and a focus on communications and fair value.

This episode features Sara Cody and Raza Naeem, both counsel in our London financial regulation practice.

An infographic accompanies this episode.  And for all our resources on the FCA's proposals including more podcast episodes and infographics, visit our webpage.

Implications for fintechs and challengers // Consumer Duty

Episode 3: The FCA’s Consumer Duty

In this podcast episode we discuss the implications for fintechs and challengers of the FCA's proposed consumer duty.  We cover common characteristics of fintechs and challengers and how the proposals may impact them, including data analysis, customer UX/UI, online/app channels and target markets, product complexities, fee structures, "fair value" and intermediation.

This episode features Simon Treacy (senior associate, Financial Regulation, London; simon.treacy@linklaters.com) and Duncan Campbell (managing associate, Financial Regulation, London; duncan.campbell@linklaters.com).

For more detail, see our infographic. And for all our thinking on the consumer duty including other publications, infographics and podcast episodes, visit our webpage.

Consumer redress // Consumer Duty

Episode 2: The FCA’s Consumer Duty

In this podcast episode we review the various mechanisms for consumers to obtain redress from financial services firms. We assess how the FCA’s proposal to extend the private right of action to cover Principle breaches (including any new Consumer Principle) might fit within the current framework. Crucially, will this achieve the FCA’s aim of securing a higher level of protection to consumers?

This episode features Lara Adamson (Associate, Dispute Resolution, London), Tom Rudrum (Associate, Dispute Resolution, London).

Visit our webpage on the FCA's proposed consumer duty for our latest insights and the infographic that accompanies this episode.

 

The first consultation // Consumer Duty

Episode 1: The FCA’s Consumer Duty

Dispute resolution partner Alison Wilson and financial regulation counsel Sara Cody discuss the FCA's recent consultation on the introduction of a "consumer duty" in financial services. We give an overview of the proposals and consider their key aspects, and give some thought to the practical implications for firms.

For more details, see our infographic.