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FMA confirms mystery shopping plans

The Financial Markets Authority should avoid "naming and shaming" advisers involved in its planned mystery shopping programme, the Institute of Financial Advisers says.

Tuesday, February 28th 2012, 6:30AM 6 Comments

by Niko Kloeten

The FMA has confirmed it plans to use mystery shopping as part of its role of regulating the financial advice industry, although it is tight-lipped over how and when it will be conducted and on what parts of the industry.

"This is what we can say about mystery shopping: we intend to use mystery shopping from time to time; mystery shopping is used by regulators around the world; we're not doing it at present," FMA spokesman Nick Stride said.

IFA president Nigel Tate said the institute had been in discussions with the FMA about how to conduct mystery shopping.

He said the institute's recommendations were in line with those of Dr Michael Mintrom of Auckland University, who assessed the high-profile mystery shopping survey of financial advisers by Consumer NZ in 2009, and found a number of problems with the way it was conducted.

"The Consumer study appeared to follow practice used elsewhere to assess the quality of financial advice. In reality, it did not," Dr Mintrom wrote in his report, which was commissioned by Plan B Wealth Management and Rutherford Rede, who both received poor ratings in the Consumer report.

"The study was seriously flawed. The reporting method was unethical. It probably did more harm than good for the industry. The study received partial financial support from several government agencies. Taxpayer support gave it an undeserved degree of credibility."

Tate said the IFA's position is that "Anything that is going to improve consumer confidence is a good thing; however, it really does depend on how they use what they get back.

"If they get positive stuff back that should be promoted; if they find negative stuff they should give them [advisers] the opportunity to respond.  That was the disappointing thing last time [with Consumer], that there was no right of reply."

He said the FMA shouldn't publicly "name and shame" the advisers who get mystery-shopped, saying business "plummeted" at some of the businesses that received bad reviews in the Consumer survey.

"I think withholding the names of the practices involved would be a positive thing.  It would be interesting to know whether they are independent or operating under a QFE and things like that, but not saying 'John Smith from John Smith Finances' - there's no validity in pumping out that name to the public."

Tate also noted that the FMA is already doing assessments of financial advisory practices around the country.

"Do they need to do a mystery shop when they're already doing the surveys?  What I'd be interested to see is if they mystery shop the ones they've assessed.  One of the things that identifies a professional is that do the right thing when no-one is looking."

Niko Kloeten can be contacted at niko@goodreturns.co.nz

« News Round Up: February 27KiwiSaver mismatch a 'huge challenge' for advisers »

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Comments from our readers

On 28 February 2012 at 9:16 am Independent Observer said:
Whilst the evaluation process must be robust, I am surprised that an industry body does not support any activity that presents consequences.

Surely an accurate mystery shopping exercise is exactly the type of campaign that is required to help restore consumer's confidence in the financial advisory industry...
On 28 February 2012 at 11:17 am CS said:
Perhaps you can have it both ways?
A failed mystery shopping exercise doesn't get your name published, but failure to improve your practice after the mystery call and feedback means censure and publishing of that detail?

This way, you get the opportunity to respond/discuss and improve without unecessary impact to your business, but if you pay lip service to the issues raised, you face potential fines and naming/shaming. You have opportunity and incentive.
On 28 February 2012 at 3:12 pm Amused said:
If the FMA seemingly has the manpower to be "mystery shopping" adviser businesses then shouldn't they be better to focus these individuals instead on the unregistered loan sharks that continue to operate unmolested by the regulators? Only a matter of time before Campbell Live do a story on these characters and the daily misery they cause in our society. Mr Hughes will then be forced to front on TV explaining why the FMA is not prioritising its resources better! This current Government has no time for inefficiency in the public sector (clearly) so I advise the FMA to get their house in order smartly and start focusing on making a difference instead of just window dressing.
On 28 February 2012 at 5:45 pm DFA said:
Amused; I totally agree. The FMA should first be focusing on ensuring all advisers have their correct details on the FSPR. I can name half a dozen “Advisers” that are not registered yet still have web sites and conducting business as usual. I have come across lenders not registered as credit providers. Advisers that are registered but have incorrectly listed their services as broking services, reserved for share brokers. Companies registered but not individual advisers and the list goes on...check your FSPR details people!

The FMA needs to sort out its housekeeping first before ‘hunting’ for advisers that have complied with the FAA.
On 29 February 2012 at 11:29 am Forthright said:
In my view the FMA is still having problems with the differing views on what constitutes a financial advice service. It also seems to me the only items of the Financial Advisers Act the FMA can agree on is, a personalised advice service cannot be provided by an RFA.

I doubt the FMA can provide the investing public with an assurance advisers are providing services for which they are appropriately licensed to provide. I imagine the FMA is currently, focusing on making sure advisers are practicing according to the rules and if not, changing their practices accordingly.

This approach would far better serve the objective of building investor confidence than conducting a FMA mega mystery shopping spree.
On 1 March 2012 at 8:10 am CS said:
Then again - as the current regulation is relatively high level and effectively principles based, perhaps they want to get a view of how the adviser population is adhering to that before deciding on what level of detail to go into in terms of rules/guidance etc.
Commenting is closed

 

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