Background to super-complaints and references The Financial Services Act 2012 amended the Financial Services and Markets Act 2000 (FSMA 2000) by introducing two new frameworks for bringing important information to the attention of the Financial Conduct Authority (FCA). Consumer bodies, as designated by HM Treasury, can make a ‘super-complaint’ to the FCA under FSMA 2000, s 234C. Similarly, regulated persons and the Financial Ombudsman Service (FOS) can make 'references' to the FCA under FSMA 2000, s 234D. In June 2013, as provided for by FSMA 2000, s 234G, the FCA issued guidance on both super-complaints and references, intended to broadly mirror the super-complaints scheme already in place at the Office of Fair Trading, under the Enterprise Act 2002. Super-complaints and references are slightly different from one another in the information that they require to be submitted to the FCA. Super-complaints are designed to enable designated consumer bodies to complain to the FCA that a feature, or combination of features, of a market in the UK for financial services is, or appears to be, significantly