Buy now pay later (BNPL) customers must now be given clearer information and undergo proportionate affordability checks under stronger protections that have been introduced. The sector is now under the regulation of the Financial Conduct Authority (FCA), and lenders will need to be authorised by the regulator to provide BNPL products.
New Regulatory Requirements
BNPL firms will also be subject to the Consumer Duty, which requires financial firms to put customers at the heart of what they do, overseen by the FCA. A spokesperson for the FCA said: “Buy now pay later can be a form of credit, but people deserve to be protected when using it. Lenders should check their customers can afford to pay it back.” The spokesperson added that millions of customers will get clearer information before they sign up “and better support if something goes wrong”.
Market Growth and Consumer Behavior
The BNPL market has grown significantly in recent years, reaching over £13 billion in 2024, the FCA said previously. According to its 2024 Financial Lives Survey, 20% of UK consumers, equating to 10.9 million adults, used BNPL in the 12 months to May 2024. Sarah Coles, head of personal finance at AJ Bell, noted: “Most payments using BNPL are relatively small. The Woolard Review, done by the FCA in 2021, showed that people often didn’t think of it as borrowing either. A combination of both things means borrowers don’t consider affordability as carefully as they would for other kinds of debt. It means a real risk of stacking these debts until they’re unwieldy. The rules requiring stricter affordability checks are highly sensible.”
Consumer Rights and Complaints
Under the changes, people will be able to take their complaints about BNPL to the Financial Ombudsman Service (FOS). Complaints must be in relation to agreements taken out on or after July 15 and be about regulated firms. Potential BNPL gripes taken to the ombudsman may include whether the lending was affordable and whether the customer understood the agreement. James Dipple-Johnstone, interim chief ombudsman for the FOS, said: “This is an important step for consumers who use buy now pay later. If something goes wrong and they cannot resolve the issue with their provider, they now have access to our free and impartial service.” The FOS anticipates around 2,000 complaints from BNPL users in this financial year.
Impact on Credit Reports
BNPL agreements may be reported to credit reference agencies, which could potentially mean they are taken into account by some lenders in future lending decisions. Dimitar Lazarov, head of Credit Karma UK, said that while this could help people who typically pay their BNPL loans on time, those who may fall behind on payments should be aware that “it could have an impact on their ability to apply for other products”. John Webb, head of consumer affairs at Experian UK and Ireland, said people should remember that when they open a new BNPL account, this may be taken into account on credit reports by lenders when considering new borrowing applications “such as a loan, credit card or mortgage”.
Industry Response
A spokesperson at BNPL provider Clearpay welcomed the regulation, saying it “will help establish a consistent operating environment and clear standards for all providers”. The spokesperson added: “Millions of consumers rely on BNPL for short-term and interest-free credit to make everyday purchases. We will continue to provide our existing safeguards that customers have long valued, including pausing accounts if a single payment is missed and capped late fees.” A spokesperson for Klarna said: “Klarna’s called for regulation since 2020, so we welcome this moment. The FCA’s rules largely formalise what we already do – we run affordability checks, show costs up front and report to credit reference agencies.”
Advice for Consumers
Vikki Brownridge, chief executive at StepChange Debt Charity, said: “There’s no doubt that BNPL can be a useful form of credit – especially as it’s usually short-term and interest-free – to spread the cost of a bulky expense. However, as with any form of credit, regulation is vital to protect customers if something goes wrong, and ensure people aren’t being offered credit where it’s not affordable – something which will trigger debt problems, as we see all too often. Consumers can go on using BNPL in the same way as before, but it’s important to be aware of the new protections. If you are finding yourself struggling to keep up with payments, rather than taking on more credit or BNPL agreements, we would always advise seeking free and impartial debt advice to help get back on track.”
