FCA highlights continuing concerns about problem firms in the CFD sector

Approximately 80% of customers lose money when investing in CFDs and, because of the risks, the FCA has undertaken an extensive programme of work to ensure consumers are as protected as possible. The sector has attracted a number of firms, often accessing the UK from overseas, that do not deliver good customer outcomes. In 2020 and 2021, FCA action stopped 24 firms marketing CFDs in the UK. The actions in 2021 alone prevented an estimated £100 million a year of harm to UK consumers. Further FCA action has been taken in 2022 and will continue where justified.

Sarah Pritchard, Executive Director of Markets at the FCA said: 'We have set out the standards we expect CFD firms to demonstrate in order to protect consumers and ensure market integrity. CFD providers authorised in our regime must sell products appropriately, and when the new consumer duty comes into effect, will need to ensure that products deliver good outcomes for retail consumers. We will not hesitate to take swift and assertive action where we identify harm.'

In some of the worst firms, the FCA has seen examples of fake celebrity endorsements, the use of pressure-sales tactics to persuade people to invest increasing amounts of money and inducements being given to customers to upgrade to elective professional status despite clients not meeting the criteria and losing protection under our rules. The FCA has also seen some firms giving investment advice without authorisation.

The FCA has written today to CFD providers[1] outlining our expectations and highlighting areas of poor practice seen in firms. The FCA expects all firms to have agreed actions and next steps in response to these concerns by January 2023 and in advance of the new consumer duty coming into force.
Consumers considering investing in CFDs are reminded to:

1. Check the Financial Services Register[2] to see if the firm you are dealing with is FCA-authorised.
2. Check our unauthorised firms and individuals[3] page, where you can search for names on our Warning List.
3. Think carefully before choosing to ‘opt up’ to professional client status as you will lose the protections FCA rules provide retail consumers.
4. Think carefully before choosing to deal with an overseas firm which might not provide retail consumers the same protections as FCA rules.

Notes to editors

Our ongoing focus on the CFD sector forms part of our wider Consumer Investments strategy. Further detail on this strategy can be seen by following the links provided below. The ‘Consumer investments data review April 2021 – March 2022’ contains a CFD case study on the post-entry-to-TPR interventions conducted in 2021. We also provide links to some key sector-specific actions from 2016 to date.

1. 2/2/2016 Dear CEO letter: Client take-on review in firms offering contract for difference (CFD) products[4]
2. 29/6/2017 Publication: CFD firms fail to meet our expectations on appropriateness assessments[5]
3. 10/1/2018 Dear CEO letter: Providers and distributors of CFD products: resolving failings which may cause significant consumer harm[6]
4. 1/7/0219 Press release: FCA confirms permanent restrictions on the sale of CFDs and CFD-like options to retail consumers[7]
5. 1/6/2020 Press release: FCA bars Cypriot firms that used unauthorised celebrity endorsements[8]
6. 15/6/2020 Press release: Cyprus CFD firms Maxiflex Ltd, Maxigrid Limitd and Reliantco Ltd[9]
7. 16/4/2021 Press release: FCA stops FXVC offering CFDs to UK customers[10]
8. 26/5/2021 Press release: FCA stops EverFX offering CFDs to UK customers[11]
9. 2/7/2021 Second Supervisory Notice: FXBFI Broker Financial Invest Ltd[12]
10. 5/8/2021 Press release: FCA stops BDSwiss offering contracts for differences (CFDs) to UK customers[13]
11. 14/9/2022 Publication: Consumer Investments: Strategy and Feedback Statement[14]
12. 16/10/2022 Publication: Consumer investments data review April 2021 – March 2022[15]