{"id":46763,"date":"2019-10-15T09:05:43","date_gmt":"2019-10-14T23:05:43","guid":{"rendered":"https:\/\/riskinfo.com.au\/news\/?p=46763"},"modified":"2019-10-16T06:29:27","modified_gmt":"2019-10-15T20:29:27","slug":"asic-calls-time-on-disclosure-reliance","status":"publish","type":"post","link":"https:\/\/riskinfo.com.au\/news\/2019\/10\/15\/asic-calls-time-on-disclosure-reliance\/","title":{"rendered":"ASIC &#8216;Calls Time&#8217; on Disclosure Reliance"},"content":{"rendered":"<p class=\"p1\"><span class=\"s1\">A joint report released by Australian and Dutch regulators has spotlighted cases where financial services disclosure has been less effective than intended, ineffective or in some cases, backfired, contributing to more consumer harm.<\/span><\/p>\n<p><!--more--><\/p>\n<figure id=\"attachment_44231\" aria-describedby=\"caption-attachment-44231\" style=\"width: 150px\" class=\"wp-caption alignright\"><a href=\"https:\/\/riskinfo.com.au\/news\/files\/2019\/03\/Karen-Chester-e1554113439133.jpg\"><img loading=\"lazy\" decoding=\"async\" class=\"wp-image-44231\" src=\"https:\/\/riskinfo.com.au\/news\/files\/2019\/03\/Karen-Chester-e1554113355109-251x300.jpg\" alt=\"\" width=\"150\" height=\"179\" \/><\/a><figcaption id=\"caption-attachment-44231\" class=\"wp-caption-text\">ASIC Deputy Chair, Karen Chester &#8230;disclosure can backfire on consumers<\/figcaption><\/figure>\n<p class=\"p1\"><span class=\"s1\">The Australian Securities and Investments Commission (ASIC) released the report with the Dutch Authority for the Financial Markets (AFM) exploring the effectiveness of disclosure for financial products on consumer outcomes.\u00a0<\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">The report spans ten years of case studies across a broad range of financial products and services in Australia, the Netherlands, the UK and the US.<\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">ASIC Deputy Chair, <strong>Karen Chester<\/strong>, says, \u201cIt\u2019s time to &#8216;call time&#8217; on disclosure as the default consumer protection. It&#8217;s not the &#8216;silver bullet&#8217; once thought, nor should it be relied upon as one.<span class=\"Apple-converted-space\">\u00a0 <\/span>Disclosure can and has backfired in unexpected and harmful ways.\u201d<\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">The reported identified key limits of disclosure supported by 33 case studies, which include that:<\/span><\/p>\n<ul>\n<li class=\"p1\"><span class=\"s1\">Disclosure does not &#8216;solve&#8217; the complexity in financial services markets (8 case studies from Australia and the Netherlands about insurance, investments, financial advice and credit)<\/span><\/li>\n<li class=\"p1\"><span class=\"s1\">Disclosure must compete for consumer attention and influence (12 case studies from Australia, the Netherlands, the US and the UK about credit, insurance, investments, superannuation and banking)<\/span><\/li>\n<li class=\"p1\"><span class=\"s1\">One size disclosure does not fit all \u2013 the effects of disclosure are different from person-to-person and situation-to-situation (4 case studies from Australia and the Netherlands about investments, insurance and superannuation)<\/span><\/li>\n<li class=\"p1\"><span class=\"s1\">In the real world, disclosures can backfire in unexpected ways (3 case studies from the Netherlands, US and the UK about financial advice, credit and investments)<\/span><\/li>\n<li class=\"p1\"><span class=\"s1\">And a warning about warnings (6 case studies from Australia, the Netherlands, US and the UK about credit, financial advice and investments)<\/span><\/li>\n<\/ul>\n<p class=\"p1\"><span class=\"s1\">The report also found that these limitations are not confined to longer forms of disclosure, or traditional paper-based disclosure, but also apply to warnings and &#8216;simplified&#8217; disclosure.<\/span><\/p>\n<h6><span class=\"s1\">It&#8217;s not the &#8216;silver bullet&#8217; once thought, nor should it be relied upon as one.&#8221;<\/span><\/h6>\n<p class=\"p1\"><span class=\"s1\">\u201cOur report highlights the need to rebalance the onus from consumers to firms \u2013 to become a shared responsibility. To do this, firms need to understand, measure and deliver on consumer outcomes\u201d, said Chester. <\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">\u201cThis aligns with the Royal Commission and the ensuing legislative reform program the Government has underway.\u201d<\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">The report also reveals how firms can work around and undermine disclosure. The report identifies unnecessary product complexity and &#8216;sludge&#8217; that can get in the way of consumers switching products or making complaints.<\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">Chester said that disclosure has been asked to do too much.\u00a0<\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">\u201cIt cannot solve the complexity of the financial system. Especially when that complexity, in the form of thousands of barely differentiated products, is firm induced&#8217;, she said.<\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">ASIC stated it will take a more consumer outcome-focused approach going forward.<\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">\u201cMandated disclosure still has an important role to play. It contributes to market transparency and can enhance competition. But its value as a consumer protection tool cannot be assumed. &#8216;The evidence shows that it is necessary but not sufficient&#8217;, said Chester.<\/span><\/p>\n<p class=\"p1\"><span class=\"s1\"><a href=\"https:\/\/download.asic.gov.au\/media\/5303322\/rep632-published-14-october-2019.pdf\" target=\"_blank\" rel=\"noopener\">Click here<\/a> to read the report.\u00a0<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>A joint report released by Australian and Dutch regulators has spotlighted cases where financial services disclosure has been less effective than intended, ineffective or in some cases, backfired, contributing to more consumer harm.<\/p>\n","protected":false},"author":20,"featured_media":46801,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[8],"tags":[4247],"class_list":["post-46763","post","type-post","status-publish","format-standard","has-post-thumbnail","category-compliance-regulation","tag-feature"],"_links":{"self":[{"href":"https:\/\/riskinfo.com.au\/news\/wp-json\/wp\/v2\/posts\/46763","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/riskinfo.com.au\/news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/riskinfo.com.au\/news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/riskinfo.com.au\/news\/wp-json\/wp\/v2\/users\/20"}],"replies":[{"embeddable":true,"href":"https:\/\/riskinfo.com.au\/news\/wp-json\/wp\/v2\/comments?post=46763"}],"version-history":[{"count":0,"href":"https:\/\/riskinfo.com.au\/news\/wp-json\/wp\/v2\/posts\/46763\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/riskinfo.com.au\/news\/wp-json\/wp\/v2\/media\/46801"}],"wp:attachment":[{"href":"https:\/\/riskinfo.com.au\/news\/wp-json\/wp\/v2\/media?parent=46763"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/riskinfo.com.au\/news\/wp-json\/wp\/v2\/categories?post=46763"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/riskinfo.com.au\/news\/wp-json\/wp\/v2\/tags?post=46763"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}