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The Financial Conduct Authority rightly describes the Consumer Duty as a "fundamental shift" in its approach to regulation, and we have supported the intent behind the Duty since its inception. Done right, it will enable the FCA to identify harmful practices more quickly and intervene before they become entrenched.
We welcome changes the FCA has made since its first consultation on the Duty, which have reduced the risks of unintended consequences. Significant issues nonetheless remain, not least with respect to the implementation period, retrospection and interpretation by the Financial Ombudsman Service, with the attendant risk of financial exclusion. We also have significant misgivings about the FCA's cost/benefit analysis. We and members are therefore keen to continue working with the FCA to address these concerns as it finalises its thinking on the shape and content of the Duty. We all want it to succeed.
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