From Consent to Compensation: RBI’s Draft Directions for REs on Sales Practices
- Payal Agarwal, Archisman Bhattacharjee and Manisha Ghosh | finserv@vinodkothari.com
Highlights
- Mis-selling, among others, will include selling an unsuitable financial product; consequences include compensation
- Prohibition on Compulsory Bundling, eg., sale of insurance policy along with a loan
- Explicit consent, wherever required, to be based on unambiguous affirmative action
- Bank to do a due-diligence of a third party financial product that it markets, to avoid reputational risk
- DSAs and DMAs of banks to come for tighter scrutiny; with undertaking for compliance with bank’s code and disciplinary action upon violation
- Pricing difference, if any, between directly marketed bank products and indirectly (through agents) to be disclosed
- Banks to take after-sale feedback from customers, and make necessary amendments in selling practices
- Dark patterns not be used by regulated entities; periodic audit mandated
- Controls over incentives favouring mis-selling
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