Buy now pay later (BNPL) borrowers
will benefit from key protections in place for other types of
lending, under proposals put forward by the Financial Conduct
Authority (FCA).
The proposals include requiring
lenders to check that people can afford to repay BNPL loans and
to offer support if they get into financial difficulty. They form
part of the FCA's commitment to helping consumers navigate their
financial lives. BNPL borrowers will also be able to complain to
the Financial Ombudsman Service if something goes wrong. The
rules would take effect when BNPL comes under the FCA's remit
next year.
Sarah Pritchard, Deputy Chief
Executive at the FCA, said: “We have long called
for BNPL products to be brought into our remit, so people can
benefit from BNPL while being protected. Our regulation will help
consumers navigate their financial lives, with checks on whether
they can afford to repay, support when things go wrong and access
to the right information to make informed
decisions.
“We're mainly relying on existing
requirements, including the Consumer Duty, rather than proposing
to make lots of new rules, supporting growth and allowing firms
to innovate.”
FCA's research on unregulated
BNPL found one-in-five (20%) UK adults (10.9 million) had used it
at least once in the 12 months to May 2024, up from 17% (8.8
million) in 2022.
BNPL can provide benefits for
consumers by giving them access to affordable credit and offers a
convenient way to spread payment for goods and
services. But, as with
other credit products, there are also risks and potential for
harm.
There will be a temporary permissions
regime in place. This means firms will need to follow FCA rules
and will be able to continue to trade before they're fully
authorised.
The FCA welcomes views from BNPL
lenders, consumer groups, the wider industry and other interested
parties on its proposals to help shape the final rules. The
consultation is open for feedback until 26 September
2025.
Notes to
editors:
-
BNPL is a broad term which can
include credit agreements that are already regulated. The
proposals set out today relate to unregulated BNPL agreements,
which is referred to as deferred payment credit (DPC) in the
Consultation Paper.
-
The temporary permissions regime
will be open for firms to register two months before the regime
comes into force on 15 July 2026. Firms will then have 6 months
(from the date the regime comes into force) to apply for full
authorisation.
-
The Government has made legislation
to bring DPC products into FCA regulation. DPC (often referred
to as BNPL) refers to unregulated interest-free credit, which
finances the purchase of goods or services and that is
repayable in 12 or fewer instalments within 12 months or
less.
-
The FCA will publish an Occasional
Paper tomorrow, which finds
that DPC users are, on
average, younger, less creditworthy, have higher levels of
unsecured debt, and more likely to be in financial difficulty
compared to the UK population. They are also almost twice as
likely to be in serious financial distress than the rest of the
UK population. However, we do not find consistent evidence that
DPC borrowing causes medium-term
indebtedness.
-
The FCA's strategy sets
out four priorities for the next five years, which includes
supporting growth and helping consumers navigate their
financial lives.
-
Despite not yet having regulatory
oversight of these firms, we've already secured changes to unfair contract
terms and warned firms about misleading advertising.
-
Financial Lives survey
data on unregulated
BNPL, also referred to as deferred payment
credit:
-
Most unregulated BNPL users used
it relatively infrequently, but frequency of use is
increasing. For example, in the 12 months to May 2024, 1.9
million adults (17% of all users) used BNPL frequently (10
or more times in this period), up from 1.2 million (14% of
all users) in 2022. In May 2024, 2% of UK adults (1.1
million) had £500 or more outstanding unregulated BNPL
debt, and 11% of UK adults (5.3 million) had £50 or more
outstanding – 86% had no outstanding
debt.
-
The highest rates of unregulated
BNPL use included adults aged 25-34 (30% had used it at
least once in the 12 months to May 2024), adults with low
resilience (30%), and adults living in the most deprived
areas of the UK (29%). The most common use for it in the 12
months to May 2024 was for lifestyle and beauty purchases
(41%), followed by ‘treating myself or other people' (37%).
8% of those who used it in the last 12 months said they
used it to cover ‘everyday essential
expenses'.