Looking through the lens: Why governance, operations and customer outcomes can no longer be viewed through separate regulatory lenses - CCTA

Looking through one lens Why governance, operations and customer outcomes can no longer be viewed through separate regulatory lenses

The biggest change affecting consumer credit firms is not a piece of legislation or new FCA rule. It is a fundamental shift in how regulation is being applied.

The Financial Conduct Authority, Information Commissioner’s Office, Advertising Standards Authority and Financial Ombudsman Service all have different remits, yet they are increasingly examining the same customer journey through different regulatory lenses. Whether the focus is governance, customer outcomes, communications or data, the questions being asked are becoming remarkably similar.

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Matt Ward

Senior Consultant

ALPH Legal & Compliance

One customer journey

Consider a typical lending journey. A customer responds to a financial promotion, shares personal information, applies for credit, receives a lending decision and, if something goes wrong, makes a complaint. Many firms still manage these stages separately, with marketing, compliance, operations and data protection operating independently. That approach is becoming increasingly difficult to sustain.

A misleading financial promotion can quickly become an FCA, ASA and Consumer Duty issue. Poor data governance may begin as an ICO concern but influence affordability assessments, customer outcomes and complaints. Rising complaint volumes rarely point to complaints alone – they often expose weaknesses in customer communications, operational processes or governance.

The common thread is becoming difficult to ignore. Customers experience one continuous journey, not a series of regulatory boundaries. Increasingly, regulators are supervising it in the same way. This shift presents an important challenge for firms.

Bridging the gaps

Historically, compliance responsibilities have often been divided between departments. Marketing oversees financial promotions, compliance monitors regulatory obligations, operations manage customer journeys and data protection frequently sits elsewhere within the organisation. Each function may perform well individually, yet important risks can still emerge between the gaps.

Increasingly, regulators expect firms to demonstrate not only that each area operates effectively, but that governance connects them into a coherent framework focused on customer outcomes. Many businesses will need to evolve accordingly.

Connected governance

This has important implications for firms. Good compliance is no longer measured solely by policies or individual regulatory controls. It is demonstrated through effective governance, joined-up management information, meaningful Board challenge and a clear understanding of how operational decisions influence customer outcomes across the business.

Customers experience one continuous journey, not a series of regulatory boundaries.

Management information

Connected supervision also changes the role of management information. Boards no longer need separate reports covering complaints, financial promotions, operational performance and Consumer Duty in isolation. Increasingly, they need management information which explains how those areas interact.

For example, are increases in complaints linked to changes in marketing activity? Are vulnerable customers experiencing different outcomes? Does customer feedback support the conclusions being presented in Consumer Duty reporting?

The most valuable insight often comes from connecting information rather than reviewing individual metrics.

Preparing for what's next

The firms best prepared for this next phase of supervision will not necessarily be those with the largest compliance teams. They will be those that connect information, identify emerging risks early and understand how governance, operations and customer outcomes influence one another.

We often find that firms are not struggling with individual regulations themselves. More often, the challenge lies in understanding how multiple regulatory expectations interact across governance, operations and the customer journey and how to implement a joined-up approach which satisfies these regulatory expectations.

Rather than viewing regulation through the lens of individual regulators or processes, we help firms build governance, operational controls and compliance frameworks around the customer journey, ensuring governance, operations and compliance work together rather than as separate disciplines; that is why our work extends beyond policy drafting or regulatory advice.

Whether supporting new entrants through FCA authorisation, advising established firms on governance and regulatory change, reviewing corporate governance and control systems, strengthening Consumer Duty governance frameworks, or conducting operational and compliance reviews, our objective remains consistent: helping businesses build governance that reflects the way regulators increasingly supervise the market.

As supervision continues to evolve, firms that continue to manage compliance on a regulator-by-regulator basis may increasingly find themselves responding to issues rather than anticipating them. The firms best placed for future supervision will be those that recognise a simple reality: customers experience one journey, and increasingly, regulators supervise it the same way.

At ALPH Legal & Compliance, we believe that effective compliance is no longer about responding to individual regulatory requirements. It is about helping firms build governance and operational frameworks that reflect the increasingly connected nature of supervision.

About ALPH Legal & Compliance

Providing Compliance and Legal services to Consumer Credit Businesses since 2014, ALPH Legal & Compliance have worked with many firms in all aspects of their business liaising with the FCA and ICO.

As a consumer credit consultancy, compliance with the law, regulation and guidance is imperative for the survival of your business. Advice is available on: Authorisation and regulatory business planning, supervision, crisis management, s166 and communicating with the FCA, complaints reporting/root cause analysis, creditworthiness and affordability, social media/marketing.

For more information, visit www.alphlegal.com.

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