Which? super-complaint on payment scams
Find out what we're doing and what happens next
This page tells you more about the super-complaint from Which?, what we are doing, the time-frames and next steps, as well as providing further information about super-complaints more generally.
We received the super-complaint, ‘Consumer safeguards in the market for push payments', on 23 September 2016.
Which? was concerned that when consumers are tricked into transferring money to a fraudster via a ‘push’ payment (such as when the consumer instructs their bank to send money) there is not an appropriate level of protection compared to other types of payment.
Specifically, Which? believed an investigation is needed to address the following:
- The extent to which banks could change their conduct to reduce consumer harm from scams that trick people into authorising push payments to a fraudster
- Possible changes to legislation or regulation, to change the incentives on banks and payment system operators, and to ensure that more is done to manage the risks from these types of scams and to protect consumers from harm
On 16 December 2016 we published our formal response to the super-complaint.
Our key findings were that:
- The way banks worked together to respond to scams needed to improve
- There was evidence to suggest more could be done to identify fraudulent incoming payments and prevent accounts from being under the influence of scammers
- The data available on the type and scale of scams is of poor quality
What’s happening now?
In response to these findings, we have developed a programme of work aimed at reducing fraudsters’ ability to perpetrate scams and, when they do occur, increasing the chance that the victim will be able to recover the funds.
We have agreed a programme of work with Financial Fraud Action UK that the banking industry should lead on:
- Developing and collecting clearer data on the scale and scope of the problem
- Developing a common approach on responding to reported APP scams
- Developing a common understanding of the information that can be shared under current law and identifying any legal barriers to sharing
We will monitor this work on an on-going basis, and commit to review industry progress in the second half of 2017.
PSR-led project looking at the role of payment system operators
We are undertaking further work considering the potential for the operators of relevant payment systems to play an expanded role in helping to minimise the consumer harm caused by scams.
You can read the final terms of reference for this work to understand how we will do this.
We currently expect to publish the findings from this work in the second half of 2017.
Following consideration of the issues raised in the super-complaint, the FCA also announced a series of actions it plans to take forward. Further detail can be found on the FCA website