Unfair contract terms in financial services

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 must also comply with the FCA’s regulatory rules, the Unfair Contract Terms and Consumer Notices Regulatory Guide (UNFCOG) in the FCA’s Handbook, and take note of non-Handbook guidance relevant to unfair contract terms.

The FCA has enforcement powers under the CRA 2015 and the UTCCRs to challenge firms about the fairness and/or transparency of contractual terms and notices in financial services consumer contracts (whether in standard form

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