FCA Consumer Duty and Claims Management Companies: UK scope, compliance expectations, CMCOB overlap, FOS standards, enforcement risks, and using the Duty to pursue consumer complaints

Published by a LexisNexis Financial Services expert

Practice notes

This Practice Note explores two effects of the Financial Conduct Authority’s (FCA) Consumer Duty on claims management companies (CMCs). First, it looks at how the Duty applies to CMCs, covering why CMCs fall within scope, sectoral considerations for each cross-cutting obligation and for each of the four customer outcomes, and how the FCA’s historic and current concerns have informed its expectations of CMCs in meeting the Duty. Second, it considers how CMCs may use the Consumer Duty to progress consumer claims. For an outline of the main features of the FCA’s Consumer Duty, see Practice Note: The FCA Consumer Duty—essentials. For key developments, see: The FCA Consumer Duty—timeline...

Overview and key points for CMCs and the Consumer Duty

CMCs are broadly understood as firms or individuals that support consumers by handling claims for compensation or other benefits. Although CMCs are rarely referenced in the FCA’s consultation documents, policy statement and finalised guidance on the Consumer Duty, the Duty nevertheless applies to them because they are FCA-regulated firms that can determine or “materially influence” retail customer outcomes...

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Martin Ward

Eversheds Sutherland

Martin is a partner in the Financial Services Disputes and Investigations team. Martin has over 15 years' experience in dealing with contentious financial services work through the courts, the ombudsman and with the regulator. Martin has dealt with matters concerning an array of financial products (from retail and commercial banking products through to crypto-currencies) and has particular specialisms in motor, asset and invoice finance. Martin also provides regulatory and compliance advice to financial services clients, particularly regarding the Consumer Credit Act, and the FCA Handbook.Martin regularly deals with claims regarding guarantees and indemnities, title to goods, breach of mandate, mis-selling and the Consumer Credit Act. Martin also has experience of fraud actions, protecting his clients' interests through bringing or defending urgent applications for freezing injunctions or for delivery up of goods.In 2016, Martin was seconded to Volkswagen Financial Services for 6 months as a...

Laura Norris

Eversheds Sutherland

Laura is a Principal Associate Professional Support Lawyer (PSL) at Eversheds Sutherland in their Litigation and Dispute Management Group. In her PSL role, Laura keeps lawyers and clients at the forefront of legal and regulatory developments. She provides strategic technical advice, manages risk, and designs and delivers training for lawyers at all levels. Laura also plays a key role in supporting a number of the firm’s strategic client relationships, delivering tailored horizon scanning, briefings and bespoke training on emerging dispute risks. Laura brings significant frontline experience to her role, having spent many years acting for banks and other financial institutions on complex, high‑value disputes as well as large-scale mass claims, particularly in the consumer credit sphere. She has also substantial experience advising on and handling complaints before the Financial Ombudsman Service, and closely tracks and advises on ongoing and proposed reforms to the FOS regime and their...

Web page updated on 28/05/2026

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