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Preparing your business for Consumer Duty compliance

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Last year, the Financial Conduct Authority (FCA) published guidelines for its new Consumer Duty that sets clearer and higher expectations for firms’ standards of care towards consumers. With the immediate deadline of 30 April fast approaching, firms must establish new routines and complete their review of existing products, argues Ryan Knapton, ERM Implementation Project Manager at Protecht.

All financial companies should have a responsibility to sell their goods and services in a transparent and accountable way. It’s not so long since the PPI mis-selling scandal exposed fundamentally dishonest behaviour designed to extract money from consumers for reasons against their interests. Although those institutions eventually paid a price, it was a stark reminder of corporate malpractice on a grand scale. As a result, the FCA introduced a range of reforms aimed at improving consumer protection and increasing transparency in the financial services sector.

The Consumer Duty initiative is part of this broader reform program and aims to ensure that firms prioritise the interests of their customers and provide them with products and services that meet their needs. Under the Consumer Duty, the FCA expects firms to have “customer outcomes as a key lens for risk and internal audit.” This means that risk functions need to integrate consumer duty requirements into their frameworks and day-to-day routines. What challenges does this pose to financial services organisations and how can they best prepare to comply?

Ryan Knapton

Navigating the new regulations

Rather than the traditional, prescriptive tick-box approach to compliance, the Consumer Duty applies a more proactive, consumer-centric model, focused on outcomes to protect the customer from bad conduct, uphold the integrity of the UK financial system, and promote effective competition.

Specifically, those outcomes are defined as the essential components of the relationship between businesses and customers, comprising how firms develop, market, and provide products and services, as well as significant touchpoints throughout the customer’s journey. The critical success factors are defined as Communications, Products and Services, Customer Service, and Price and Value.

In practice, this means companies must begin by defining key risk indicators, such as mis-selling, for each stage, with metrics showing the customer outcomes. Begin by setting up a product governance risk management process, with committees overseeing the creation of products, which can identify root causes of bad conduct from the outset. This should be both ‘top down’ and ‘bottom up’, combining board-level champions with feedback from employees at the coalface. Perform a risk assessment on each product and establish a regular review cycle. For high-risk products, such as derivatives, you might want to review twice a year; for more vanilla retail accounts, it might be every three years.

With this review framework in place, build up a view of product inventory, processes, and assessments in an integrated, centralised product management system. This will enable businesses to monitor how internal and external events might impact customer outcomes and to effectively manage risk. For example, the number of customer complaints per month might be a useful metric: when a set number is reached, a flag is raised and a process review initiated.

If you lack robust risk oversight, you could cause customer harm and the FCA will not look kindly upon it. The fact is that companies – supported by risk teams – have a responsibility to check and challenge the business with consideration for customers at the heart of everything.

Defining good customer outcomes

  • Communications: Use clear and concise language, tested via market research and quality controlled by organisations, such as the Plain English Campaign.
  • Products and Services: Identify what each is designed to deliver, deploy a solution to automatically track, monitor and analyse performance, with red flags to enable a proactive response.
  • Customer Service: Make sure it is easy and user-friendly to communicate with your customers and measure engagement across multiple channels. Is your chatbot a help or a hindrance?
  • Price and Value: Perform a fair value assessment against the competition, highlighting tangible benefits compared to other products.

Establishing operational resilience

The four pillars of Consumer Duty are closely linked to operational resilience, which is the ability to withstand and recover from operational disruptions, such as cyber-attacks, natural disasters, or system failures, while maintaining continuity of service to customers.

To ensure operational resilience, financial firms must assess their risks and put in place measures to mitigate them, such as identifying critical business functions, developing contingency plans, and testing their resilience through scenario-based exercises. By doing so, businesses can better protect their customers and maintain their trust, which is essential for building long-term relationships and meeting the objectives of the Consumer Duty.

Reviewing open products

All firms need to review their existing products and services ahead of the upcoming deadlines. Begin by gathering all the relevant information, such as terms and conditions, fees, charges and contractual obligations. Assess these against each customer’s suitability in terms of financial goals, risk appetite and budget. Ask whether each product is value for money in the current market and check for potential issues, such as hidden fees or penalties.

The simplest way to achieve all of the above, from establishing automated reviews to monitoring performance to flagging issues to enabling operational resilience, is by implementing a reliable, flexible and compliant enterprise risk management (ERM) software platform. Something that will do all the heavy lifting with minimal oversight, and then serve it up in an intuitive dashboard with analytics at your fingertips. This will also enable the collection of incident and complaint data that relates to individual product trends in one single repository for total visibility.

If you can show you have a process and a methodology, you’ll be well prepared for the Consumer Duty and its obligations.

Business

How can law firms embrace automation and revolutionise their payments?

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Attributed to: Ed Boal, Head of Legal at Shieldpay

 

Once again, AI is dominating international headlines. This time, it’s due to a closed-door meeting this month between tech leaders and US senators to discuss the technology’s regulation.

AI and automation isn’t just for the likes of Big Tech. We’re seeing predictive and automated technologies transform almost every sector and the legal industry is no exception. In fact, recent research from HBR Consulting found that 60% of law departments had implemented a legal data analytics tool last year and more than 1 in 4 indicated they were using AI for at least a single use case.

However, adoption isn’t without its challenges. Reticence remains among some and there’s also the danger of ‘transformation fatigue’ slowing real progress. If law firms want to reap the many benefits of automation – including revolutionising their payment processes –  these challenges need to be carefully considered and thoughtfully addressed.

 

An area of great opportunity

Often seen as conservative, the legal industry has been gradually warming up to the idea of automation and technology.

While some pioneering firms have been quick to embrace automation tools, others remain cautious about disrupting their established workflows. As we navigate this landscape, it’s clear that certain areas of legal services are ripe for innovation.

One area is contract management. The process of drafting, reviewing, and managing contracts has traditionally been time-consuming and prone to human errors. Automation can alleviate these pain points by streamlining the entire lifecycle of contracts, from creation to renewal, thereby enhancing efficiency and reducing risks.

Another promising domain is legal research. Thanks to advancements in natural language processing and machine learning, legal professionals can now leverage AI-powered research tools that analyse vast volumes of legal data to provide accurate insights and case precedents swiftly.

But, while progress is undoubtedly being made, the legal sector still lags other sectors when it comes to innovation.

 

What’s getting in the way of progress?

This isn’t always down to a resistance to change. Often, it’s a result of firms spreading their resources too thinly across numerous technology initiatives.

Ed Boal

Attempting to tackle everything at once can result in ‘transformation fatigue’, where the benefits of individual innovations get diluted – leading to frustration and slower progress.

Before legal firms embark on digital transformation projects, a critical first step is introspection. Recognising and acknowledging areas where legacy processes and manual tasks still hold sway is paramount to optimising the impact of automation.

For many firms, archaic practices continue to consume valuable time and resources, diverting attention from higher value, billable tasks. One often-overlooked area is payments.

Legal firms play a critical role in complex transactions, from M&A and real estate deals to litigation and arbitration payments. The associated admin and processes represent a drain of firms’ time and resources. Spanning everything from collating stakeholder payment details and verifying payee identity to ensuring compliance with Know Your Customer (KYC) and Anti Money Laundering (AML) regulation, this adds unnecessary stress for lawyers – who would rather dedicate their time and expertise to their clients’ legal needs.

The repercussions of such time-consuming financial processes reverberate throughout the entire organisation. Administrative burden weighs heavily on the team, affecting productivity and ultimately, the bottom line: recent research from Shieldpay, surveying the UK’s Top 100 law firms, found that almost 1 in 3 (32%) say KYC collection and verification checks take 4-9 working days.

At the same time, firms are exposed to significant financial risk which can make handling client funds a costly endeavour. Not only are they penalised with fines if found to be in breach of stringent client account rules but firms are also subject to hefty premiums for Professional Indemnity (PI) insurance. No wonder 73% of all legal professionals and 90% of junior law professionals are concerned about the risks and time costs associated with holding client funds.

 

Revolutionising  payment transactions

In short, manual payment processes are more than just an inconvenience for modern law firms. They can damage relationships with clients – who have come to expect a fast, painless and automated payout experience in a digital world – and impede revenue generation by tying up top talent in an endless cycle of paperwork and (unbillable) admin.

So how can firms take the pain out of legal payments?

Fortunately, new payment technologies have emerged as a formidable ally. Third-party payment providers offering solutions for law firms, such as escrow and paying agent services for specific transactional deals, or more embedded payment solutions such as managed accounts (TPMAs) – i.e. outsourced client account functions – offer secure and instant transactions, while prioritising transparency and automation.

TPMAs operate as an escrow payment service in which the third-party – a licensed external payments partner – receives and disburses funds on behalf of a firm and their client(s).

With advanced encryption ensuring data security, working with a regulated payment partner means legal professionals and their clients can engage in financial transactions with peace of mind – while law firms benefit from improved operational efficiency.

And the advantages don’t stop there. Enhanced transparency builds a sense of confidence and trust, while the elimination of manual data entry and repetitive tasks allows legal professionals to devote more time to legal services and fostering stronger relationships with their clients.

AI and automation has much to offer the legal sector. But its adoption must be carefully planned in order to avoid transformation fatigue that risks stalling progress altogether. With typically shallower pockets than Big Tech giants, it’s important for law firms to focus their efforts on specific areas that could benefit from automation, rather than rush to overhaul their entire way of working, all at once. This controlled phase-out is the key to avoiding adoption frustration, seeing a real impact on profits and productivity and setting firms up for real, lasting change.

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In-platform solutions are only a short-term enhancement, but bespoke AI is the future

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By Damien Bennett, Global Director, Principal Consultant, Incubeta

 

If you haven’t heard anyone talking about artificial intelligence (AI) yet, then where have you been? Conversations about AI and its advantages to society have been a key talking point over recent months, with advances being made in the generative AI race and ChatGPT opening a whole plethora of possibilities. Many have highlighted the advantages of AI, but notably it’s ability to create human-like content.

But these discussions have only scratched the surface of what AI is capable of doing. It is for far more than just essay writing, adding Eminem to your rave and photoshopping dogs into pictures.

In marketing, we have been using AI for years, for everything from analyzing customer behaviors to predicting market changes. It’s enabled us to segment customers, forecast sales and provide personalized recommendations, having a huge impact on how our industry works.

It is even, for the more savvy marketers of the world, becoming a key tool in maximizing budget efficiency – which is apt, considering over 70% of CMOs believe they lack sufficient budget to fully execute their 2023 strategy.

Now, as AI becomes more intelligent, the number of efficiencies it can unlock continues to rise. Not only can it help brands get the most out of their available resources and identify any areas of waste, but it can also help highlight new opportunities for growth and maximize the impact of your budget allocation.

The trick, however, is to veer away from the norm of using in-platform solutions with a one-size-fits-all approach and create your own, bespoke solutions that are tailored to your business needs.

 

Pitfalls of in-platform solutions

In-platform solutions aren’t by any means a bad thing. In fact, built-in AI tools have become increasingly popular, owing to their ease of integration, user-friendly interfaces and minimal set up requirements. They come pre-packaged with the platform, offering the user the ability to leverage AI technologies without the need for in-depth technical expertise or the upfront cost of building a solution from scratch.

However, the streamlined and accessible nature of in-platform AI solutions comes at the expense of complexity and customization. They are designed to serve a broad user base, but for the most part are built using narrow AI solutions with predefined features and workflows.

This makes them great for assisting with common AI tasks, but they lack the flexibility to tailor functionality towards unique business requirements or innovative use cases, limiting the potential efficiencies and cost savings that can be unlocked. Additionally, if a business’ competitors are using the same platform, they are probably using the same AI solution, meaning any strategic advantage gained from these will be reduced.

Bespoke AI solutions, on the other hand, may carry a higher initial investment – but can offer a significantly more attractive ROI over a short amount of time.

 

Why customized and adapted AI is the key

The difference between bespoke AI and in-platform solutions is similar to that between home cooked food and a microwave meal. Yes, it is more time consuming to prepare, and yes it likely carries more of an upfront cost, but the end result is going to be far more appealing and will carry more long-term value (financially… not nutritionally).

That’s because bespoke solutions, by nature, will have been tailored to address your brands specific needs and challenges. These custom-built tools allow for much greater efficiencies by streamlining workflows across different channels, automating more complex tasks, and providing deeper, more relevant insights.

The increased level of optimization can significantly improve productivity and reduce operational costs over time, offering a higher ROI. The increased flexibility of bespoke AI also allows brands to implement innovative use cases that can significantly differentiate them from their competitors.

The data analyzed can be specifically chosen to match business requirements, as can the outputs of the AI tool, providing a significant advantage when understanding and acting on the insights provided.

Additionally, these tools are, by nature, more scalable. They can be updated, upgraded and expanded as needs change, ensuring they continue delivering value as the business grows. They can also be designed to integrate with any existing IT infrastructure, from CRM systems and databases to marketing platforms and sales tools – leading to more efficient and effective decision-making.

 

Managing finances with AI

It’s no secret that AI in marketing automation has, and will continue to, revolutionize the way marketing is done. It has a bright, if slightly terrifying, future and can help CMOs to unlock new efficiencies, maximize the impact of their budgets and increase their ROI. And as this technology becomes more advanced, its impact will only increase.

But we already know that…and so does everyone else.

So, in order for businesses to make themselves stand out from the crowd , they must look to fully adopt the power of AI. Creating a customized and unique AI solution could be the way to set yourself apart from your competitors. A bespoke AI tool can provide brands and businesses with features unique to them and their business needs. As a result, companies will benefit from more useful data and better results to make more data-driven decisions for their business. Ultimately, this will help brands to maintain a competitive edge over their competitors, deliver ROI and most importantly optimize their budgets.

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