The Financial Conduct Authority (FCA),
Solicitors Regulation Authority (SRA), Information Commissioner's
Office (ICO) and the Advertising Standards Authority (ASA) are
joining together to tackle misleading advertising and inadequate
information provided by some claims management companies (CMCs)
and law firms working on motor finance claims, and the risk that
excessive fees are charged to clients.
Alison Walters, Director, Consumer Finance, at the FCA,
said:
“Misleading advertising and inadequate disclosure have meant that
people are signing contracts with some firms without the facts.
When they try to exit, they face high fees. We're acting where we
see bad practice and, through our own advertising, we're ensuring
consumers can make informed choices.”
Paul Philip, Chief Executive of the SRA, said:
"The risks and issues facing consumers in this area of the market
are unprecedented, and we are using all the levers at our
disposal to protect consumers, identify poor practices and hold
law firms to account.”
Using powers under the Consumer Rights Act 2015 and, for the
first time, under the Digital Markets, Competition and Consumers
Act 2024, the FCA, working
closely with the SRA, has required 9 law firms to provide
information about their exit fees. Two FCA regulated CMCs have
agreed to change their exit fee policies.
Two others have agreed not to take on
clients or to advertise until they're able to show the FCA they
comply with FCA rules. We're expecting to write to FCA regulated
CMCs involved in motor finance claims this week to reiterate our
expectations.
The FCA's increased proactive
monitoring has led to the removal or amendment of more than 740
misleading adverts by FCA regulated CMCs since January 2024. This
number increased significantly following the
Johnson
judgment. Concerns include unrealistic
claims about success rates and the value of potential
compensation.
The FCA has launched a £1 million ad
campaign to make people aware they don't need to use a CMC or law
firm to seek motor finance compensation, and that they stand to
lose a chunk of any compensation they're owed if they choose to.
Research shows 4 in 10 people don't know they can receive motor
finance compensation without using a CMC or law firm. The
campaign will run online and on radio.
The SRA is investigating 76 law firms
involved in high-volume claims and has closed five firms to
protect the public. Its recent
Thematic Review set out the key
issues, and
it has made clear its expectations on termination fees. The FCA
and SRA continue to work closely, given that many FCA regulated
CMCs refer motor finance claims to law
firms.
Since January 2025, the ICO has
received over 230,000 complaints via the spam reporting service
regarding unsolicited and unlawful direct marketing practices
linked to motor finance claims. In response, the ICO has multiple
investigations ongoing and is actively considering further
regulatory action against several organisations.
The ASA is also reviewing advertising
practices in this sector.
Consumer
guidance
Consumers who believe they have been
misled by advertising, signed up without their consent, charged
unreasonable fees, had their data mishandled, or otherwise feel
they have been treated unfairly by a CMC or law firm should first
complain to the firm. If dissatisfied with the response, they
should take their complaint to the Claims Management Ombudsman
or Legal
Ombudsman.
To support the public, the SRA has
also published guidance on motor
finance claims, and
on no-win, no-fee agreements.
Individuals concerned about direct
marketing practices or those wishing to make a complaint, are
encouraged to do so via the ICO
website. They can also
report spam text messages to the ICO by forwarding the message
for free to 7726 (which spells out
SPAM).
Note to
editors
-
To require information from law
firms it does not regulate, the FCA is using its powers under
the Consumer Rights Act 2015. This is the first time the FCA
has used these powers as a public designated enforcer under the
Digital Markets, Competition and Consumers Act 2024.
-
The
FCA and SRA warning to CMCs and law firms over poor practices
in motor finance claims
-
FCA campaign to raise
awareness of motor finance compensation
scheme
-
FCA
announcement that it will consult on a motor finance
compensation scheme
-
Letter to CMCs on financial promotions and motor finance
claims 31 July 2025