The UK Court of Appeal’s car finance ruling: Implications for marketing

By Jasmine Barr 28 November 2024 5 minute read

The recent UK Court of Appeal decision on car finance is a pivotal moment for the finance sector. It mandates full transparency around fees and commissions paid by lenders to car dealerships, requiring customers to be fully informed of the total cost of their finance agreements. This sets a legal precedent prioritising consumer protection and fairness, aligning with the Financial Conduct Authority’s (FCA) principles of treating customers fairly.

While the ruling directly impacts car finance, its ripple effects may redefine fee disclosure practices across other finance sectors, setting the stage for a more transparent and consumer-centric finance landscape.

Implications for businesses

1. Financial liabilities and operational changes

Businesses face potential compensation claims for undisclosed fees, mirroring the scale of the PPI scandal. Operationally, lenders must reassess their contracts and processes to ensure compliance, leading to immediate financial and logistical challenges.

Actionable steps they could take: 

  • Conduct a comprehensive review of existing contracts to identify potential vulnerabilities.
  • Train staff on updated transparency practices to ensure smooth customer interactions.
  • Leverage technology for automated fee disclosures and compliance tracking.

2. Adaptation and product innovation

Some players may exit the car finance market, while others seize the opportunity to innovate. Those who adapt quickly, revising contracts and prioritising transparency, can establish themselves as leaders in fair finance, turning compliance into a competitive advantage.

For example, companies are already investing in tools to streamline fee disclosures and align with evolving regulatory expectations.

3. Industry-wide transparency standards

The ruling may catalyze the development of universal disclosure standards across loan products. While this could initially increase operational costs, it could also shield businesses from future legal risks and foster consistent consumer trust.

Consumer benefits and challenges

Empowered decision-making

With greater clarity on costs, consumers can make more informed choices, levelling the playing field and reducing confusion.

A 2023 report by Motor Trader highlighted that 43% of consumers identified transparency on fees and charges as their biggest concern when buying a car on finance. Transparent practices address this uncertainty head-on.

Rebuilding trust

Transparency could restore confidence in the finance sector, particularly in car finance, which has faced criticism for past misselling practices.

Rising costs

The downside? Compliance and legal expenses may trickle down to consumers in the form of higher borrowing costs, affecting affordability. However, businesses that optimise their processes may offset these costs through operational efficiencies.

Marketing: A new era of consumer engagement

The impact on marketing strategies is huge, requiring changes in how we approach paid ads, organic growth, and building trust with our audience.

1. Search and paid as strategic pillars

Consumers will increasingly turn to search engines for clear, reliable finance information. Paid campaigns must:

  • Focus on transparency, using terms like “no hidden fees” to resonate with consumer concerns.
  • Lead to well-designed landing pages that clearly explain fees and commission structures.
  • Emphasise a seamless and honest user journey to build trust and drive conversions.

For example, a Google Ads campaign targeting “transparent car finance” could direct users to a landing page with an interactive fee breakdown tool.

2. Investing in trust-building channels

Social media, email, and organic content strategies will be critical for reinforcing transparency during a sceptical period. As well as, testimonial campaigns, case studies, and detailed cost breakdowns being at the forefront of paid efforts, to strengthen brand loyalty.

Think about trust tactics, such as developing a series of customer success stories showcasing how transparency benefits buyers.

3. Organic visibility as a differentiator

High-ranking, informative content addressing questions like “What are car finance fees?” will be essential. Companies that prioritise education and clarity in their content strategy will capture attention and trust. 

Google best practices will come into play here, for this sector it is more important than ever to make sure E-E-A-T plays a vital role in content strategies. This time not only for SEO purposes, but to provide instant clarification for consumers.

4. The brand as a trusted advisor

To stand out, businesses must position themselves as advocates for fair finance. Blogs, guides, and interactive tools, such as real-time fee calculators, will help solidify trust while offering tangible value. For instance, companies that host a user-friendly calculator showing total repayment costs, factoring in fees and commissions will be favourable against companies that may have fee breakdowns scattered across their site. 

Challenges and opportunities in Ad regulations

Stricter advertising rules are inevitable. However, while these may be challenging for businesses, these changes benefit consumers by reducing hidden terms and fostering honesty. Advertisers must communicate clearly and prominently, to ensure compliance with oversight bodies like the ASA and FCA. As well as create transparent, engaging campaigns that build trust and highlight value.

  • For consumers: This translates to fairer advertising practices and a better understanding of financial products.
  • For businesses: Creative flexibility may be reduced, but those who adapt quickly will be well-positioned to capture market share through trust and transparency.

Beyond marketing: New areas for focus

Enhanced customer service

Clear and proactive communication at every touchpoint will build trust and reduce churn. Transparent customer service processes can transform potential friction points into moments of trust-building.

Streamlined processes

Simplifying finance agreements and addressing concerns upfront can mitigate the need for aggressive advertising and build long-term loyalty. 

Tech-led differentiation

Innovative tools like transparent loan estimators can enhance customer experience and give businesses a competitive edge.

Transforming challenges into opportunities

The Court of Appeal ruling is more than a legal mandate—it’s an opportunity for businesses to redefine their relationship with consumers. While the operational and financial burdens are significant, those who prioritise transparency and innovation in their offerings will lead the way in a more consumer-centric finance landscape.

By adapting their marketing strategies to align with evolving consumer expectations and leveraging tools like paid search, trust-building content, and advanced customer service, businesses can turn compliance into a powerful differentiator.

To provide a real-world view, Andrew Marshall, Head of Marketing, Partnerships and Propositions, at CarMoney, has explained how they’re navigating the changes:

“The FCA has been working hard within the car finance sector to root out bad actors and make sure consumers receive fair treatment no matter how they are accessing car finance. From day one, CarMoney has been committed to cutting the cost of car finance and the ruling doesn’t change our commitment to matching consumers and lenders to get the best outcome for both parties. 

“As a brokerage working with over 20 lenders, CarMoney needs to be flexible. After the ruling, we were in a good position when the changes meant we needed to disclose commissions to customers before they completed a transaction. One day after the court decision we had design commission disclosure forms going to every customer so they had full disclosure of all commissions.

“The good news is that, despite being goaded by the press, customers have been happy with our level of disclosure and that, despite CarMoney making a commission from the lenders, they are still getting a better deal by using a car finance broker.”

To understand how this could affect your paid efforts, get in touch with us today. 

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