Every advert for a financial product in the UK, from a credit card poster to a crypto trading app, sits under a single standard: it must be fair, clear and not misleading. The FCA's rules require exactly that1, and the same words appear in the regulator's Principles, which say a firm "must pay due regard to the information needs of its clients, and communicate information to them in a way which is clear, fair and not misleading"2. The standard is not limited to banks and insurers. When buy now pay later lending was brought toward regulation, the rules were amended so that BNPL advertisements must also be fair, clear and not misleading3.
The rules exist because an advert is often the only thing a person sees before committing money. So the law pairs the advertising standard with information duties: what a firm must tell you before you are bound, what it must put in writing, and what it must say at the start of a phone call. This page sets out those duties for credit, savings, mortgages and investments, then looks at cryptoassets, where the boundary between what is advertised under the rules and what is actually regulated is the thing most likely to catch a consumer out.
Financial adverts must be fair, clear and not misleading
The fair, clear and not misleading standard runs through the whole regulatory system, not just the advertising rules. The FCA's Principle 7 states that "A firm must pay due regard to the information needs of its clients and communicate information to them in a way which is clear, fair and not misleading"2. The same wording reaches lenders outside the FCA's main regime: under the rules covering redress for lenders, "A lender must communicate information to consumers in a way which is clear, fair and not misleading"9. The financial promotions regime itself is set out in the Financial Services and Markets Act 20001.
What the standard means in practice is that a promotion cannot tell only the attractive half of the story. A rate or offer must be presented with the conditions that attach to it, and the information a consumer needs to judge the product must be there, not buried. Where the FCA finds the rules are not working cleanly, it consults on changes: in April 2026 it opened CP26/15, proposing changes to simplify the financial promotions rules in CONC 3 and opening a discussion on how cost of credit information is presented to consumers10.
The standard also reaches firms whose marketing is the main way they find customers. Claims management companies must not send emails or texts unless you have agreed, must not make marketing calls to people who opted out or registered with the Telephone Preference Service, must not approach you in person, and must not use high-pressure selling11. For high-cost short-term credit, the rules go further still: advertisements must carry a risk warning12.
What you must be told before you sign up online or by phone
The general rule for contracts made away from premises, including online and by phone, is that the trader must give you the required information in a clear and comprehensible way before you are bound by the contract4. For regulated contracts there is a more specific duty: the trader must give you the key information in good time, in writing, free of charge, in the standard information form, and in English before you enter the contract13.
Different products add their own timing rules on top:
| Product or situation | What must be given, and when |
|---|---|
| Drawdown mortgages where you choose the amount and frequency of payments | The required disclosure before the first payment is drawn down14 |
| Home purchase plan advice given by telephone | The financial information statement within five business days15 |
| Savings accounts and ring-fencing changes | Information in good time before you open an account, or as soon as practicable after a firm becomes a non ring-fenced body16 |
| Mobile phone and gadget insurance bought without advice | Information at the point of sale that is clear, fair and not misleading17 |
| BNPL and retail revolving credit with a promotional offer that depends on conditions | A reminder notice within a reasonable period before the date you must act18 |
The BNPL reminder rule is worth noticing. Where a zero or low interest introductory offer depends on you meeting conditions, the firm must send a notice reminding you of any action needed and the date by which it must be taken, within a reasonable period before that date18. Promotional offers that look free can become expensive if a condition is missed, and this rule exists to make sure the deadline does not pass unnoticed.
Phone calls: the caller must say who they are and why they are calling
When a firm calls you to conclude a distance contract, the rules require it to disclose, at the beginning of the conversation, its identity, the identity of the person on whose behalf the call is made where applicable, and the commercial purpose of the call5. The FCA's distance marketing rules say the same in its own terms: when a firm makes a voice telephony communication to a consumer, "it must make its identity and the purposes of its call explicitly clear at the beginning of the conversation"19.
This matters most when the call is about something other than the product itself. If a family member or friend calls to apply for Pension Credit on your behalf, you must be with them when they call20. And the rules restrict cold calling about pensions outright: a person must not make unsolicited marketing calls to an individual about occupational or personal pension schemes, except in two narrow cases, namely where the individual previously notified the caller that they consent to such calls on that line, or where there is an existing client relationship, the recipient might reasonably envisage such calls, and a simple free means of refusing use of their contact details was given at initial collection and at each subsequent communication21.
Getting the terms in writing, and a paper copy on request
The distance marketing rules require the supplier to communicate to you, on paper or in another durable medium available and accessible to you, all the contractual terms and conditions and the specified information6. The paper right does not expire at sign-up: the supplier must communicate the contractual terms and conditions on paper if you request it at any time during the contractual relationship6.
Similar duties apply across products:
- Credit agreements must be drawn up on paper or another durable medium, and all contracting parties must receive a copy23.
- A statement of fees must be provided on paper at the consumer's request, with the method of communication agreed with the consumer24.
- For savings accounts, a direct offer financial promotion must include a summary box in the form set out in the FCA's rules, and where the promotion is on paper the summary box may be on a separate sheet25.
- Some information may be given orally, for example by telephone, but it must then be confirmed: a firm may provide certain mortgage information orally but must provide it in a durable medium with a copy of the MoneyHelper information sheet within 15 business days26.
- In sale and rent back, the written pre-offer document must be accompanied by the MoneyHelper consumer factsheet on sale and rent back, provided in a durable medium27.
Paper is not dead everywhere, even where a provider has moved online. NS&I, for example, still requires a downloaded paper form to be sent by post for some changes of name and for customers who want to transact by post28. The direction of travel is digital, but the rules keep a paper route open where a consumer asks for one.
Where the distance marketing rules do not apply
The distance marketing rules have edges, and it is worth knowing where they sit. The FCA's rules on distance marketing do not apply to an authorised professional firm with respect to its non-mainstream regulated activities, to an activity in relation to a consumer hire agreement, or to any distance marketing activity carried on in relation to a regulated deferred payment credit agreement19. The FCA has also clarified that the distance marketing rules apply in relation to consumers and do not extend to consumer hire agreements12.
The buy now pay later changes moved part of this boundary. Regulations 7 and 8 of the Financial Services (Distance Marketing) Regulations 2004, which cover the information required before the contract is concluded and the written and additional information, are disapplied for intermediaries of distance contracts that are regulated deferred payment credit agreements within the new exclusion29. The same legislation brought BNPL agreements into regulation as credit agreements30.
There is also a carve-out where credit information rules have already done the job: the distance marketing information requirements do not apply to a distance contract that is also a credit agreement, other than an authorised non-business overdraft agreement, where the pre-contract credit information required by the disclosure regulations has already been given19. In other words, if you have already received the standard pre-contract credit information, the firm does not have to repeat it under the distance marketing rules.
One more boundary matters to anyone dealing with an overseas firm. If a firm proposes a distance contract governed by the law of a country outside the UK, it must ensure you do not lose the protection created by these rules where the contract has a close link with the territory of the UK31. A firm cannot escape the rules by choosing foreign law for a contract aimed at a UK consumer.
Cryptoasset adverts: risk warnings and a regime in force since late 2023
Cryptoasset promotions were brought under the financial promotion rules by legislation debated in Parliament in early May 2023, with the regime in force by late 20237. Since then, crypto adverts in the UK have had to meet the same fair, clear and not misleading standard as any other financial promotion, and qualifying cryptoasset promotions must carry a risk summary. The FCA's own risk summary for qualifying cryptoassets states plainly that "The cryptoasset market is largely unregulated"32.
The regime also changed who can approve a promotion. The approval of financial promotions is not itself a regulated activity1, but the rules on who may communicate or approve promotions still bite: promotions communicated by an unauthorised merchant offering a third party lender's regulated deferred payment credit agreements, for example, must be approved by an authorised person30. The same approval discipline extends to crypto promotions communicated to UK consumers.
Enforcement has followed. The FCA reported in September 2026 that it and its partners continue a crackdown on illegal crypto trading, and that there are currently no FCA registered peer-to-peer crypto businesses operating in the UK33. The FCA had warned as early as 2017 about the risks of Initial Coin Offerings34, and the Treasury Committee heard evidence in 2018 of the cryptoasset industry distributing misleading advertisements34.
Referral and bonus offers sit inside this regime, not outside it. One provider's terms for its referral programme require the referred friend to deposit at least £1,000 into an eligible account, which can be split across multiple accounts, and to maintain that minimum balance for at least 90 consecutive calendar days35. An offer like that is lawful, but under the fair, clear and not misleading standard the conditions must be presented clearly, not hidden in small print.
Crypto is marketed under the rules but mostly not regulated
This is the boundary most likely to confuse people, so it is worth stating exactly. Crypto is a high-risk investment and remains largely unregulated in the UK, except for anti-money laundering and financial promotion, until October 202733. The FCA's risk summary says the same in one line: "The cryptoasset market is largely unregulated"32.
What that means is that the advert you see is subject to rules, but the product behind it is not subject to the full supervisory regime that applies to a bank account or a regulated fund. The FSCS states that it "doesn't protect this type of investment because it's not a 'specified investment' under the UK regulatory regime"32, and that most cryptoassets, including virtual currencies like Bitcoin and Litecoin, are not FSCS protected because they are not regulated8.
One narrow development at the regulated edge: from 6 April 2026, investments in a UK cryptoasset exchange traded note can be held in an innovative finance account36. A UK cryptoasset exchange traded note is defined in legislation as a debt security traded on a trading venue or a market operated by a UK recognised investment exchange, with no periodic coupon payments, whose return tracks the performance of an unregulated transferable cryptoasset minus applicable fees36. Even here, the FSCS states it does not protect this type of investment32.
What protection you lose with cryptoassets
The protections that surround regulated products largely stop at the crypto boundary. Cryptoassets generally are not protected by organisations like the FCA or FSCS37. If your investment is stolen, there is not an easy way to get your money back, and FSCS cannot protect you37. There is no collective deposit insurance scheme to compensate investors in the event of a hack34, and cryptocurrency exchanges are a tempting target for hackers, with security breaches having led to the theft of digital currency, and not all investors getting their money back37.
Access risk is real too. If you store your cryptoassets on a password-protected personal hard drive or memory stick and you lose or forget the password, you may well have lost access to your investment altogether37. The market value of cryptoassets can be extremely volatile37, and you cannot spend them like cash, as few retailers accept cryptocurrency such as Bitcoin as payment37.
Before investing anywhere, the FSCS suggests asking the provider direct questions: whether the product is covered by FSCS, how much of your money is protected, and what would happen to your money if something happened to the provider38. For crypto, the honest answer to the first question is almost always no.
Tax is one area where cryptoassets are fully caught by the rules. Capital Gains Tax may apply when you dispose of cryptoassets, such as selling or exchanging them, and Income Tax and National Insurance may apply to cryptoassets received through employment, self-employment, mining, staking or lending39. There is no equivalent Self Assessment box for cryptoasset income such as mining or staking: it is reported separately through existing Income Tax provisions39.
Spotting scams dressed up as genuine investment offers
A scam advert often looks like a real one, which is precisely the point. The warning signs to hold onto are structural: a genuine regulated firm must tell you who it is and why it is calling at the start of any call5, must give you the key information in writing before you are bound13, and must be findable on the FCA Register. An offer that pressures you to move fast, asks you to move money to a personal account, or appears only through social media messages does not behave like a regulated firm, because a regulated firm is not allowed to behave that way.
The Treasury Committee heard evidence of the cryptoasset industry distributing misleading advertisements and being lax on self-imposed know your customer rules34, and the FCA has warned about the risks of Initial Coin Offerings34. The FCA's continuing crackdown on illegal crypto trading operations is itself a signal that unregistered operations exist and are being pursued33.
One thing consumers rarely see until it affects them is the fraud marker system. Financial businesses sometimes pass information to fraud prevention agencies, which add a marker against someone's name to try to stop fraud40. Markers are meant to be based on relevant law and regulations, regulator rules and guidance, industry codes of practice and good industry practice, and evidence the financial firm has to support its belief41. If a marker is wrong, the Financial Ombudsman may tell the financial business to put things right and pay compensation for distress or inconvenience41.
Where to get help if an advert misled you
If an advert misled you and money has moved, speed matters. The FSCS's advice is to speak to your bank, building society or credit union, as they can protect and reimburse victims of certain types of fraud, and to report to Action Fraud at www.actionfraud.police.uk8. The Payment Systems Regulator gives the same advice from the other direction: contact Action Fraud to make a report and call your bank immediately so they can protect your account22.
For a misleading advert by a firm that is still trading, the route is complaint first: complain to the firm, and if it does not resolve the matter, take it to the Financial Ombudsman Service. The Ombudsman can look at complaints about fraud and scams40, and where it finds you lost money because of a fraud marker against your name, it can tell the financial business to put things right and pay compensation for distress or inconvenience41. Where a firm has failed, the FSCS is the route, but only where the product is one it protects, which, as set out above, most cryptoassets are not8.
Free, impartial help is available. MoneyHelper factsheets are required to accompany certain regulated products, such as sale and rent back27, and the FSCS publishes guidance on what investment protection covers and the questions to ask a provider or adviser before committing money38. More on how the pieces fit together is on who regulates what, and the comparison of FSCS or Financial Ombudsman explains which body handles which kind of loss.
Sources42 cited
- Financial promotions regime and FCA rules House of Commons Treasury Committee, 2021
- Principle 7: clear, fair and not misleading Financial Conduct Authority, 2023
- BNPL advertisements must be fair, clear and not misleading Scottish Parliament, 2022
- Information before the consumer is bound legislation.gov.uk, 2026
- Disclosure at the start of telephone calls legislation.gov.uk, 2013
- Written terms and paper copy on request legislation.gov.uk, 2004
- Cryptoasset financial promotions regime in force by late 2023 House of Commons Treasury Committee, 2023
- Most cryptoassets are not FSCS protected Financial Services Compensation Scheme, 2025
- Lender communication standard FCA Handbook, 2026
- CP26/15: simplifying financial promotions rules in CONC 3 Financial Conduct Authority, 2026
- Claims management company marketing rules GOV.UK, 2014
- HCSTC risk warnings and distance marketing scope Financial Conduct Authority, 2014
- Key information before a regulated contract legislation.gov.uk, 2010
- Disclosure before first drawdown payment FCA Handbook, 2007
- Financial information statement within five business days FCA Handbook, 2014
- Timing of savings and ring-fencing information FCA Handbook, 2016
- Point of sale information for gadget insurance Financial Ombudsman Service, 2026
- Reminder notice for promotional offer conditions FCA Handbook, 2019
- CONC 2.7 distance marketing: scope, calls and exclusions FCA Handbook, 2026
- Pension Credit phone applications nidirect, 2026
- Ban on unsolicited pension marketing calls legislation.gov.uk, 2026
- Warning: fraudsters posing as regulator employees Payment Systems Regulator, 2026
- Credit agreements on paper or durable medium legislation.gov.uk, 2008
- Statement of fees on paper at the consumer's request legislation.gov.uk, 2015
- Summary box for savings account promotions FCA Handbook, 2016
- Oral information confirmed in durable medium within 15 business days FCA Handbook, 2021
- MoneyHelper factsheet for sale and rent back FCA Handbook, 2021
- Paper forms for postal customers NS&I, 2023
- Disapplication of regulations 7 and 8 for BNPL intermediaries legislation.gov.uk, 2025
- BNPL agreements brought into credit regulation legislation.gov.uk, 2025
- Protection preserved for contracts under third country law FCA Handbook, 2021
- Risk summary for qualifying cryptoassets FCA Handbook, 2025
- FCA crackdown on illegal crypto trading Financial Conduct Authority, 2026
- Consumer warning on Initial Coin Offerings House of Commons Treasury Committee, 2017
- £50 referral bonus terms and conditions Chip, 2026
- Cryptoasset exchange traded notes in innovative finance accounts legislation.gov.uk, 2026
- Cryptoassets: risks and lack of protection Financial Services Compensation Scheme, 2023
- Questions to ask about FSCS investment protection Financial Services Compensation Scheme, 2026
- Tax on cryptoasset profits and income GOV.UK, 2026
- Fraud and scams complaints Financial Ombudsman Service, 2026
- Fraud markers and redress Financial Ombudsman Service, 2026
- Transfers from personal pension arrangements Financial Ombudsman Service







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