Release Date: 17th December 2019
To access the original FCA document, click here.
Summary
The Financial Conduct Authority (FCA) has fined Professional Personal Claims Limited (PPC) £70,000 for misleading consumers through its websites and printed materials. This is the first case closed by the regulator following the transfer of regulatory responsibility for claims management companies (CMCs) to the FCA on 1 April 2019.
PPC used logos of five major banks on its websites and printed materials, misleading consumers into believing they were submitting redress claims for mis-sold payment protection insurance (PPI) directly to their banks. In reality, consumers were engaging PPC as a CMC, which pursued claims on their behalf in return for a success fee. Additionally, PPC failed to present accurate and specific complaints to banks, instead submitting Financial Ombudsman Service (FOS) questionnaires that contained identical factual allegations for different consumers, where individualised evidence was required.
Mark Steward, Executive Director of Enforcement and Market Oversight at the FCA, commented: “CMCs have an important role to play in helping to secure compensation for their customers, especially those who might not otherwise make a claim. PPC’s misleading website and marketing material suggested PPC was associated with the five banks when this was not the case. Claims management firms must ensure their advertising is accurate.”
Initially, PPC was investigated and fined by the Claims Management Regulator (CMR) under the previous regulatory framework. The investigation, prompted by complaints between October 2015 and March 2017, found that PPC breached CMC conduct rules by using misleading websites and marketing materials and by submitting misleading information to financial firms. The CMR imposed a £70,000 fine for these breaches.
PPC appealed against the CMR’s penalty notice on 21 December 2018 to the First-tier Tribunal. While the appeal was pending, the FCA took over regulation of CMCs from the CMR. On 16 September 2019, after reviewing evidence from the FCA, PPC withdrew its appeal, and the FCA imposed the £70,000 fine on PPC for the identified failings.
Key Takeaways for Other Firms:
- Accurate Advertising: Ensure that all advertising materials are clear, accurate, and not misleading.
- Clear Disclosure: Clearly disclose the nature of services being provided and any associated fees.
- Individualised Complaints: Submit specific and detailed evidence for each client’s claim, avoiding generic or identical allegations.
- Regulatory Compliance: Adhere to all regulatory requirements and cooperate fully with regulatory investigations.
In conclusion, the FCA’s fine against PPC highlights the importance of transparency and accuracy in consumer-facing materials. Claims management companies must maintain high standards of conduct to protect consumers and ensure fair treatment.
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