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Zinah Abdaki

UK Consumer Duty Regulations: Navigating BNPL Compliance Challenges

The Buy Now, Pay Later (BNPL) sector has seen increased growth in recent years, offering consumers a convenient way to make purchases without immediate payment. While this financing method has provided flexibility, it has also raised concerns over consumer debt and financial stability. Reports indicate the global BNPL market is worth $7.63 billion and projected to reach $38.57 billion by 2030.


In response, regulators in the United Kingdom are beginning to introduce new regulations aimed at ensuring greater transparency and consumer protection within the BNPL market. These new requirements present several challenges for firms and retailers, especially in their digital operations. Here’s a breakdown of what to expect and how to prepare.

1. Record Keeping: One of the critical challenges is maintaining comprehensive records that demonstrate 'good' consumer outcomes. Firms must develop the capability to record and replay individual customer sessions, using behavioral insights to prove that communication has been tested and enhanced for better understanding. This meticulous record-keeping is essential for showing regulators that consumers are receiving clear and effective information.

2. Session Monitoring: Firms need to be vigilant in monitoring customer interactions, especially to identify signs of struggle or vulnerability. This involves real-time session monitoring and intervention, such as offering web chats or other support mechanisms. Advanced technologies like artificial intelligence (AI) and machine learning (ML) can be employed to analyse session recordings, alerting firms to any erratic behavior or distress. This proactive approach helps ensure that customers receive timely and appropriate assistance.

3. Past Business Reviews: The ability to review and investigate past business transactions is another significant requirement. Firms must be prepared to conduct thorough reviews of specific business tranches when retrospective issues arise or when requested by the regulator. This necessitates robust systems capable of detailed historical analysis, ensuring that any issues are promptly identified and addressed.

4. Complaints Root Cause Analysis: Consumer complaints and feedback are valuable indicators of potential issues. Firms need to conduct root cause analysis on complaints, leveraging data from Voice of the Customer (VoC) channels. By retaining and analysing session data, firms can pinpoint the exact causes of problems, rectify them, and identify other customers who might be affected. This approach not only resolves issues but also helps prevent future occurrences.

5. Outcome Testing and Board Reporting: Firms must be able to export data and insights from recorded sessions and complaints to test and evidence good consumer outcomes. This information is crucial for Board reports and dashboards, ensuring transparency and regulatory compliance. Effective outcome testing and reporting demonstrate a firm’s commitment to consumer protection and regulatory adherence.

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