RWA Newsletter September 2013 | Page 4

FCA Fines Firm for Poor Complaints Handling Policies by Bruce Fayle The Financial Conduct Authority (FCA) has fined an insurance intermediary firm £2,834,700 for poor complaints handling between June 2009 and September 2011, including failing to identify the root causes of recurring issues and put them right. ??During its investigation, which was begun by the Financial Services Authority, the FCA found significant failings in the way the Firm handled complaints. Underlying all of the failings was the Firm’s failure to record complaints, meaning that management information and regulatory reporting was wrong. Other serious shortcomings revealed during the investigation included: Since the investigation, the Firm has employed a third party to review its complaints processes. In addition, the Firm has conducted a separate review to identify customers that suffered a loss and pay them redress. The Firm has reviewed 7,099 complaints and paid compensation to 1,438 customers.?? Tracey McDermott, the FCA’s director of enforcement and financial crime, said “In any business things can go wrong. Where it does, it is in the interests of both consumers and firms to put it right. Proper complaints handling is essential to ensure customers are treated fairly. It is also a key tool to help firms identify where things are not working as they should and allow them to take steps to put problems right themselves. • complaints were not investigated fully or Where this is done effectively it not only means a better resolved appropriately or consistently; relationship between firms and their customers but also • complaints about mis-selling were often avoids the cost and reputational damage of regulatory rejected just because the customer had signed a Direct Debit form, but it was not clear why the action.?? Firm thought this alone indicated a valid sale; Tracey McDermot continued, “The Firm had wide ranging and failures across its complaints handling processes - it failed • the failure to investigate and address the to investigate complaints properly or to keep accurate root-cause of complaints about the sale of records. This is simply not good enough - it does not insurance policies, such as mis-selling. meet our requirements and does not meet the needs of Taken together these failings meant that the Firm was customers.” unable to treat customers fairly and come to a balanced decision about whether or not complaints had substance. She went on to say,??“Last week we published the findings Nor was it able to accurately detect areas that were of a review into mobile phone insurance which found that repeatedly being complained about so it could put them sometimes there was a gap between what customers right and improve its customers’ experiences. These expect, and what they are really getting. There are standards are expected of all regulated firms and are common themes in this case that revolve around consumer designed to ensure that when problems do occur, they expectations and how they are sometimes being treated in practice. That review publication and this Final Notice are quickly identified and corrected.?? stand side by side and I wholeheartedly recommend that all insurance firms – not just those in the mobile phone insurance market - read the two together.”?? The Firm settled at an early stage of the investigation and therefore qualified for a 30 per cent discount. Without the discount the fine would have been £4,049,637.?? Source: Financial Conduct Authority Join the discussion 4