GAP UpdateProtect, 16 January 2015

Content

Look at:

• FCA’s GAP CP published on 12 December (CP14/29)• FCA’s informal industry consultation at Canary Wharf on the 21 Nov• FLA’s response to FCA’s informal consultation

GAP consultation- CP14/29

• They’ve called it a ‘competition remedy’…• Follows the FCA’s final findings of its market study into general insurance add-on products,

published in July 2014. • The FCA is still proposing a “deferred opt-in” remedy• The FCA’s key proposals now include: A four-day deferral period (meaning that GAP insurance could not be introduced and sold

on the same day), which would be triggered when the customer is given certain pre-sale information about the GAP product

Distributors would start the deferred period at a point of their choosing during the vehicle sale process – they would not be obliged to wait until a vehicle had been ordered or delivered

The option for a confident customer to purchase GAP insurance the day after the deferred period has begun – if they initiate contact with the distributor to complete the sale

GAP consultation- CP14/29

• Regarding the provision of pre-sale product information, the FCA proposes that firms selling GAP should give customers specific information in addition to the existing regulatory requirements of ICOB, in order to trigger the deferred opt-in period:

The premium of the add-on GAP insurance policy, separately from other prices.

The main benefits, exclusions and limitations of the add-on GAP insurance policy, including the duration of the policy.

GAP consultation- CP14/29

That GAP insurance can be purchased from other sources.

Whether the GAP insurance policy is optional.

How the deferred opt-in works, including the date on which the prescribed information was provided so that it is clear to the customer when the ‘clock’ has started.

Where add-on GAP insurance is being offered alongside vehicle financing, it should be clear that GAP insurance can be purchased elsewhere.

GAP consultation- CP14/29

The Consultation Paper asks specifically for comments on: the timing of introduction of the new rules (the FCA suggests final

rules would be published in June 2015, coming into force on 1 September 2015);

the “trigger” for start of the deferral period; the length of the deferral period; the timing of the option for a customer to purchase GAP before the

end of the period; and the content and delivery of the prescribed pre-sale information.

GAP consultation- CP14/29

Next steps:

• The consultation period runs until 13 March 2015• We will now consider the detail with members before formulating our

response to the FCA’s proposals• Comments welcome…?• Full CP can be found at:

GAP consultation- CP14/29

http://www.fca.org.uk/static/documents/consultation-papers/cp14-29.pdf

FCA’s informal industry consultation at Canary Wharf on the 21 Nov

• Participants were FLA along with the Retail Motor Industry Federation (RMIF), Association of British Insurers (ABI) and industry representatives , including insurers.• Discussed issues surrounding a proposed remedy to introduce a

deferred opt-in period for selling Guaranteed Asset Protection (GAP) insurance – only area they were interested in• The meeting ran through a set of detailed questions focusing on the

impact of various deferred opt-in periods; the costs of deferred opt-in to the consumer and businesses; and developing a better understanding of the GAP market and how GAP insurance is sold prior to a formal consultation on the design of the remedy

FCA’s informal industry consultation at Canary Wharf on the 21 Nov

Summary of the discussion:• The trade bodies and delegates representing motor finance, insurance

and motor dealerships were all in agreement that a deferred opt-in was not the best remedy for the sale of GAP insurance. • The FCA did not understand the complexity of the sales process

associated with GAP within dealerships; the benefits to the consumer of combining the cost of GAP with the finance agreement; and the negative impact a deferred opt-in would have on the GAP market, dealerships and the consumer.

FCA’s informal industry consultation at Canary Wharf on the 21 Nov• There was strong push back shared by the industry delegation on

deferred opt-in as a legitimate remedy and a good alternative solution provided (see below)• The FCA were using the meeting to see how the deferred opt-in could

be ‘calibrated’ to reduce impact on businesses whilst maximising benefits to the consumer

GAP sales process• Huge variation across providers

FCA’s informal industry consultation at Canary Wharf on the 21 Nov• The FCA didn’t seem to know much about the GAP sales process• An estimate was given of between 70-80% of GAP is sold either on or

before point of order• By legislating against point of sale there would be minimal consumer

awareness of GAP insurance• Selling after delivery of the car would also result in lack of inertia for

the product and therefore no protection for many consumers

FCA’s informal industry consultation at Canary Wharf on the 21 Nov• The FCA suggested a three stage process could be feasible as long as

the deferred opt-in period finished before a vehicle was delivered:o Point of offer – The benefits of GAP and its features are provided to the customer before a vehicle is decided on.o Point of sale – The customer returns to the dealer and chooses a car, pricing and GAP cost is worked through and sold.o Point of delivery – The customer picks up the vehicle and signs the contracts.

FCA’s informal industry consultation at Canary Wharf on the 21 Nov• Industry explained why this wouldn’t work, including the speed of sale in the second hand

car market and the pushing up of administration costs, funding issues etc.Competition• There is no evidence to suggest that introducing a deferred opt-in would create

competition in the GAP market. • There are currently no barriers for new and existing insurance providers to sell GAP but

the market has not significantly grown in recent years. • As the majority of GAP sales are made through dealerships - removing point of sale would

result in ‘killing the market’ and would not incentivise the entry of new providers as the FCA suggest.

• Online ‘distant selling’ providers of GAP insurance are mostly ‘unadvised’ offering check boxes to complete the sale. The majority of motor dealerships are ‘advised’ potentially offering better outcomes for consumers

FCA’s informal industry consultation at Canary Wharf on the 21 NovImpact on new vs used car sales• Figures agreed upon by delegates indicated that approximately 70%

of used vehicles are delivered within 1-4 days whereas new vehicles tend to have much longer lead times.• A deferred-opt in period of anything less than 7 days would have a

significant impact on the used vehicle market which makes up the majority of vehicle sales in the UK.

FCA’s informal industry consultation at Canary Wharf on the 21 NovCosts to businesses mentioned• Increased administration/operational costs associated with a new

deferred opt-in process. i.e. new telesales teams to sell GAP post vehicle sale.• Additional credit check costs if a three stage GAP sales process (see

above) is the direction of travel.• Marketing costs to ensure consumer awareness is raised post vehicle

sale.• Additional underwriting costs if pricing of the product needs to be

repeated at different stages

FCA’s informal industry consultation at Canary Wharf on the 21 NovCosts to consumer mentioned• Higher costs associated with the ‘water bed’ effect whereby

additional costs incurred by the dealer are passed on to the consumer.• Inconvenience as the consumer would have to arrange GAP cover

separately or undertake a lengthier sales process with the dealer.• Loss of protection – If the car has been delivered then there is no

inertia to separately take out GAP despite the consumer gaining utility from having cover.

FCA’s informal industry consultation at Canary Wharf on the 21 NovAlternative solution put forward by industry - Introduction of a legislated 30 day cancellation period• A 30 day cancellation period for GAP was introduced in 2011 (after the initial GAP

consultation process began) as best practice by the ABI, which all of their members have signed up to. Current legislation puts in place a 14 day cooling off period.

Industry delegates agreed to the following suggestion:• Keeping point of sale • Extending the legislated cooling off period for GAP insurance from 14 days to 30 days

from point of cover• Issuing a letter during the 30 day period to remind the consumer about; what GAP

insurance cover protects against; the 30 day cancellation period; and noting the competition.

FLA’s response to FCA’s informal consultation

FLA proposed alternatives to a deferred opt-in period for GAP insurance• Solutions which generate better value to the consumer as well as increase

competition - the two key areas the market study identified that a remedy would need to respond to.• We asked for these (refer below) to be included within the consultation:Detailed pre-contract information• Dealers would offer a full product quote - what the policy does; how much it

costs; how to claim; the fact that GAP Insurance is available from other providers, etc. This is not a Key Fact document, it is mandated information that is presented to the customer in a durable format allowing them to shop around for alternatives.

FLA’s response to FCA’s informal consultation Mandated price disclosure on all POS/marketing material• Distributors of GAP insurers would declare the equivalent of a recommended

retail price providing the purchaser with readily available information to compare the price of products. • Greater price awareness to the consumer and therefore greater price symmetry

across the market would put in place a mechanism that will drive down price at point of sale.

Industry funded comparison website for GAP• A website funded by industry that would operate in the same way the ‘Compare

Extended Warranties’ website does. This website was introduced into the Domestic Electronic Goods market, it is worth noting that point of sale prohibition was also suggested on this occasion but rejected.

FLA’s response to FCA’s informal consultation Legislated 30 day cancellation period with letter• The solution that was suggested at 21st November meeting. A

legislated 30 day cooling off period for GAP (which many providers already administer as best practice) followed up with a letter detailing the product that has been purchased, the protection this offers, price, a list of alternative providers and illustrating the number of days left before the 30 day period expires.

FLA’s response to FCA’s informal consultation Mandated multiple GAP offering at point of sale• Whereby the dealer would be required by law to offer more than one

GAP product at different price levels. This could consist of a variety of products providing differing levels of protection at different prices giving the consumer more choice at the point of sale

Rigorous compliance audits• More rigorous auditing of the point of sale process for GAP was also

suggested to combine with a 30 day cooling off period but could equally apply with all other alternatives suggested above.