Buy now, pay later regulation confirmed by new Government – but timeline remains unclear
Regulation of the buy now, pay later (BNPL) sector WILL go ahead, the new Government has confirmed. It means consumers will finally get much-needed safeguards on BNPL purchases, as well as protection from unsustainable borrowing – something MoneySavingExpert.com (MSE) and its founder Martin Lewis have long campaigned for. Though we still don't know when any new rules will take force.
Responding to a written Parliamentary question this week, economic secretary to HM Treasury, Tulip Siddiq MP, said "regulating buy now pay later products is crucial to protect people and deliver certainty".
She added that the Government would "work closely with all interested stakeholders" and would set out its plans "shortly". We've asked the Government when this might be and we'll update this story when we know more.
Prior to the General Election earlier this month, Prime Minister and Labour party leader Sir Keir Starmer reiterated his commitment to regulating BNPL in his response to MSE's 'Leader's Debate', adding that the lack of consumer protections in the market "has left millions at risk from bad actors".
Government: 'Regulating BNPL is crucial'
Here's what was said in the full written question and answer:
Question (tabled on Thursday 18 July by Stella Creasy MP): "To ask the Chancellor of the Exchequer, what her planned timetable is for regulating buy now pay later high cost credit providers; and if she will ensure that such regulation ensures consumers are able to access the financial ombudsman for redress for that form of credit."
Answer (responded to on Tuesday 23 July by Tulip Siddiq MP): "Regulating Buy Now Pay Later products is crucial to protect people and deliver certainty for the sector. The government will be looking to work closely with all interested stakeholders and will set out its plans shortly."
Martin Lewis and MSE have long called for urgent regulation of the BNPL sector
Martin and MSE, alongside other campaigners, have warned for years that the "explosive" BNPL market needs to be regulated to protect consumers from building up unmanageable debt. In response, the previous Government had announced in February 2021 that regulation would be implemented.
However, last summer, reports suggested that the then-Government had shelved its plans for regulation, prompting renewed calls for action from Martin and MSE, alongside charity Citizens Advice and campaigns group Which?. Ex-Chancellor Jeremy Hunt later told Martin that regulation would go ahead, though no progress was made by the time of the General Election on Thursday 4 July.
Those original plans, if taken forward by the current Government, would require users to face affordability checks before borrowing from the likes of Clearpay and Klarna. Borrowers with complaints would also be able to take their cases to the free and independent Financial Ombudsman Service and they would benefit from powerful Section 75 rights for purchases between £100 and £30,000 as they do for credit cards now.
BNPL users were over four times as likely to have missed a payment of a bill or credit commitment in three of the six months to January 2023 (27% vs. 6%), according to regulator the Financial Conduct Authority.
To read more about our calls for regulation, see our BNPL Campaigns blog. For more on using BNPL schemes responsibly, see our Buy now, pay later guide.