Unfair contract terms in financial services

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Introducing unfair contract terms in financial services

This overview is a guide to the Lexis+® UK Financial Services content within the Unfair contract terms subtopic, with links to the appropriate materials.

The financial services sector—unfair contract terms and consumer protection

Consumer protection legislation applies to businesses generally and to the regulated financial services sector. The Practice Note: Consumer Rights Act 2015—the FCA and unfair terms in financial services consumer contracts considers the obligations for firms authorised by the Financial Conduct Authority (FCA) under Financial Services and Markets Act 2000 (FSMA 2000) to comply with one of the pillars of consumer protection legislation, the Consumer Rights Act 2015 (CRA 2015). In addition to these legislative requirements, firms should also have regard to the FCA’s Unfair Contract Terms and Consumer Notices Regulatory Guide (UNFCOG) and relevant non-Handbook guidance.

This Overview addresses:

  1. •

    the CRA 2015 as they apply to financial services consumer contracts

  2. •

    UNFCOG and FCA non-Handbook guidance which includes examples of fair and unfair contract terms and indications...

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