Role and scope
Credit intermediary promotions may appear on search pages, comparison tools, retailer checkouts and social channels. Identify the actual firm and credit product promoted, together with its lender or broker role. A landing page cannot correct a prominent misleading advertisement if consumers are induced by false claims. The legal assessment should record the actual regulated product, entity and applicable jurisdiction. A business's commercial description does not decide which statute applies. Document the responsible reviewer, activity performed and any specific exemption relied on. Consumers should be able to identify the participant responsible for the explanation or service. Avoid conclusions based solely on a partner's standard contract or an internal sales category.
Permissions and rules
FCA CONC 3.3 contains the clear, fair and not misleading standard for relevant financial promotions. CONC 3.7 has specific credit-broker communication rules, including legal identity, powers and status. CONC 3.7.7R requires brokers that are not lenders to state their status prominently in relevant promotions. Regulatory duties vary by the activities and channel used. Review the authorisation held by each entity and distinguish financial promotion approval from permission to broker credit. The consumer journey may change when a retailer begins collecting applications or recommending lenders. Preserve the operative rule and the source of facts used for classification. Reconsider the conclusion whenever the lender panel or business model materially changes.
Commission and transparency
Prominent broker identity matters when a firm uses a trading name or acts as both a lender and an intermediary in different transactions. Consumers should understand whether they are engaging a broker or applying to a creditor. Mobile layouts and small-print links should be tested rather than relying on a desktop compliance template. A disclosure should be timely and understandable, not merely technically present. The information given should match current commission agreements and the role the intermediary actually performs. Evaluate the potential effect of remuneration on consumer choices. Keep records of what was visible at the point of decision and what information was available on request. Material conflicts require a substantive assessment rather than a generic disclosure sentence.
Consumer information
Claims of whole-market search, lowest rate or pre-approval require appropriate support. Restricted lender panels and sponsored rankings may create a misleading impression of independence. Separate estimated eligibility from the lender's actual credit decision, and identify product-specific representative APR requirements where applicable. Evaluate the consumer-facing message in context, including earlier advertisements and subsequent application screens. A retailer or intermediary may describe an estimated payment before a credit assessment, but must distinguish illustration from approval. Check for inaccurate price, duration and fee claims. Where an offer has changed, update downstream content and maintain a reliable correction process.
Conflicts and operations
Consumer-paid broker fees and lender-paid commission follow different rules. CONC 4.4 includes conditions for customer fee disclosures, while CONC 4.5 addresses remuneration that might affect impartiality or decisions. An advertisement should not hide material costs or imply that no lender payments exist solely because the service is free to consumers. Operational controls should cover incentives, staff behaviour, marketing partners, lender relationships and customer complaints. Review whether a process promotes one finance option for commercial reasons while promising impartial advice. A well-written policy does not establish that the actual consumer interaction was fair. Test real transactions and correct systematic discrepancies, recording ownership and follow-up.
EU and jurisdictional differences
Directive (EU) 2023/2225 revises consumer credit advertising and intermediary requirements, generally through Member State measures from 20 November 2026. UK FCA wording should not automatically be reused across all EU countries. Review the credit product, intended market and the national provisions effective at publication. Current UK requirements and future Member State measures should be mapped separately. The Directive's date does not eliminate national implementation or transitional provisions. A cross-border intermediary may require different status wording, fee information and customer protections in each market. Assign owners to monitor legal changes and verify that technical changes work before public deployment.
Audit and quality control
Inspect real mobile and desktop advertisements, lender comparison results, affiliate placements and application pages. Preserve dated screenshots, approval logs, fee disclosures, representative examples and commercial rankings. Monitor withdrawn offers and complaint patterns to catch stale or misleading campaigns. Audit evidence should connect the exact promotion or sales material to the transaction, date, lender and commission structure. Include ordinary cases and complaints or rejected applications. Retain documents and meaningful customer communications rather than only policy templates. Where systemic defects are discovered, record affected journeys, corrective actions and testing that demonstrates the issue was resolved.
Frequently asked questions
Are credit intermediaries governed identically in all countries?
No. National rules, product scope and actual activities govern.
Does every commission create identical duties?
No. The legal conditions and the effect on consumer decisions matter.
Primary sources
FCA CONC 3.7 ↗FCA motor finance commission guidance ↗Directive (EU) 2023/2225 ↗Read the source in its current version. National implementing measures and product-specific applicability may require additional research.