CONC 3.3 The clear fair and not misleading rule and general requirements

1. (1)

   A firm's trading name, internet address or logo, in particular, could fall within CONC 3.3.3 R.

   [Note: paragraph 5.2 (box) of ILG]

2. (2)

   If credit is described as pre-approved, in accordance with CONC 3.5.12 R the provision of the credit should be free of any conditions regarding the customer's credit status, and the lender or, in relation to a P2P agreement the operator of an electronic system in relation to lending, should have carried out the required assessment under CONC 5.

A firm should ensure that each communication and each financial promotion:

1. (1)

   is accurate and, in particular, should not emphasise any potential benefits of a product or service without also giving a fair and prominent indication of any relevant risks;

2. (2)

   is sufficient for, and presented in a way that is likely to be understood by, the average member of the group to whom it is directed, or by whom it is likely to be received;

3. (3)

   does not disguise, diminish or obscure important information, statements or warnings; and

4. (4)

   is clearly identifiable as such.

   [Note: in relation to identifying marketing material as such, paragraphs 3.7p of CBG and 3.18q of DMG]

If a communication or a financial promotion names the FCA, PRA or both as the regulator of a firm and refers to matters not regulated by the FCA, PRA or both, the firm should ensure that the communication or financial promotion makes clear that those matters are not regulated by the FCA, PRA or both.

When communicating information, a firm should consider whether omission of any relevant fact will result in information given to the customer being insufficient, unclear, unfair or misleading.

If a communication or a financial promotion compares a product or service with one or more other products (whether or not provided by the firm), the firm should ensure that the comparison is meaningful and presented in a fair and balanced way.

A firm should in a financial promotion or other communication which includes a premium rate telephone number indicate in a prominent way the likely total cost of a premium rate call including the price per minute of a call, the likely duration of calls and the total cost a customer would incur if the customer calls for the full estimated duration.

[Note: paragraphs 3.9h of CBG and 3.18x (box) of DMG]

Examples of practices that are likely to contravene the clear, fair and not misleading rule in CONC 3.3.1 R include:

1. (1)

   stating or implying that a firm is a lender (where this is not the case);

   [Note: paragraph 3.7e (box) of CBG]

2. (2)

   misleading a customer as to the availability of a particular credit product;

   [Note: paragraph 3.9p of CBG

3. (3)

   concealing or misrepresenting the identity or name of the firm;

   [Note: paragraph 3.7g (box) of CBG

4. (4)

   using false testimonials, endorsements or case studies;

   [Note: paragraph 3.18s of DMG]

5. (5)

   using false or unsubstantiated claims as to the firm's size or experience or pre-eminence;

   [Note: paragraph 3.18t of DMG]

6. (6)

   in relation to debt solutions, claiming or implying that a customer will be free of debt in a specified period of time or making statements emphasising a debt-free life or that a debt solution is a stress free or immediate solution;

   [Note: paragraphs 3.18u and 3.18v of DMG]

7. (7)

   providing online tools, which recommend a particular debt solution as suitable for a customer, such as, budget calculators or advice websites:

   1. (a)

      which do not carry out a sufficiently full assessment of a customer's financial position; or

   2. (b)

      which fail to provide clear warnings to a customer that financial data entered into a tool has to be accurate;

   [Note: paragraph 3.20c of DMG]

8. (8)

   emphasising any savings available to a customer by proposing to reschedule a customer's debts, without explaining that a lender is not obliged to accept less in settlement of the customer's debts than it is entitled to, nor to freeze interest and charges and that the result may be to increase the total amount payable or the period over which it is to be paid and to impair the customer's credit rating;

   [Note: paragraph 3.18l of DMG]

9. (9)

   suggesting that a customer's repayments will be lower under a proposed agreement without also mentioning (where applicable) that the duration of the agreement will be longer or that the total amount payable will be higher.

   [Note: paragraph 5.13 of ILG]

Misleading a customer as to the availability of a particular credit product is likely to include stating or implying that the firm will introduce the customer to a provider of a standard personal loan based on repayment by instalments or of an overdraft facility on a current account (for example, a bank or building society) or of a credit card, but instead introducing the customer to a provider of high-cost short-term credit.

[Note: paragraph 3.9p (box) of CBG]