FCA ‘Name and Shame’ ruling: why proactive customer engagement is now critical for regulated firms

The recent High Court ruling in The King (CIT v Financial Conduct Authority) has significant implications for how regulated firms approach investigations by the Financial Conduct Authority (FCA). The judgment upheld the regulator’s decision to “name and shame” an anonymised company under exceptional circumstances – emphasising consumer protection as the decisive factor. This outcome signals a potential shift toward greater transparency, with the FCA now emboldened to publicise investigations earlier and more assertively.

As highlighted in the article, Caroline Black, Consultant at Gherson Solicitors LLP, observed that “In-house compliance and legal officers should bear this in mind when handling an FCA investigation and may want to consider early engagement with affected customers to … head off a similar naming announcement by the [regulator]”.

This ruling reinforces the importance of early, strategic communication with customers as part of an effective regulatory response plan. In this article, we explore what the decision means for in-house legal and compliance teams, why transparent engagement could mitigate reputational risks and how firms can prepare for the FCA’s evolving enforcement approach.

Read more in the following article:

LAW360: ‘Name And Shame’ Test Case Ruling Could Embolden FCA – Law360 UK

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