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FCA deploys Consumer Duty to require APP fraud reimbursement beyond PSR scope—including intra‑group transfers—raising compliance, investigation and UK GDPR data‑sharing issues for banks and payment firms

Published on: 15 October 2024

Published by a Law360 reporter
Legal News
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The FCA is imposing the additional requirements of the Consumer Duty on compulsory reimbursement for APP fraud, a field in which the PSR, with a narrower remit, is setting and steering the rules in practice. The Duty obliges financial firms to secure good outcomes for customers. APP fraud, where criminals trick people into sending funds to accounts they control, reached £460m in the twelve months to December 2023, according to UK Finance, the industry body for the sector. ‘This could be among the first examples of the FCA deploying the Consumer Duty to articulate expectations in the absence of specific rules in a given area, or lacking explicit powers in that area,’ said Paul Harris, a partner at Osborne Clarke LLP. On 7 October 2024 the FCA sent a ‘Dear CEO’ letter to leaders of payment companies, instructing banks and other financial businesses to upgrade their anti‑fraud systems and controls more effectively so that their APP fraud defences satisfy the Consumer Duty and appropriately demonstrate compliance. The payments regulator currently requires banks to repay victims of APP who have transferred money to an account held with a different bank or payment provider. This does not extend to payments within the...

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