The BNPL sector is now being regulated as credit in Australia
The newย regulationsย will apply corporate regulator ASICโsย National Credit Codeย (NCC) to a BNPL sector that has to date relied on self-regulation.
Although BNPL was recognised as credit years ago, the slow implementation of new laws left them operating in something of a grey area, free from the controls of the National Consumer Credit Protection Act.
Many BNPL providers have embraced the Australian Financial Industry Association (AFIA) voluntaryย code of conduct, and some had joined the Australian Financial Complaints Authority (AFCA) complaints framework, which is mandatory for other credit providers.
AFCA last year fielded 1,929 complaints about BNPL firms โ up 16% annually โ with chief ombudsman and CEO David Locke welcoming new legislation that โextends important consumer protections to BNPL users that have been available for other forms of creditโ.
BNPL firms will now be managed under a new NCC category, low cost credit contract (LCCC), said to provide โappropriate and proportionate protections to consumers who enter LCCCs, while maintaining the benefits of consumer access to these kinds of credit productsโ.
โ[Regulators] needed to make sure that BNPL providers could still provide credit efficiently and at low cost,โ said Michael Blyth, general manager for policy and advocacy at Arca (previously the Australian Retail Credit Association),ย in welcoming new disclosure obligations, hardship protections, and dispute resolution rights.
โThey took a bit of time to work out how to do that, and we think they have largely succeeded: when you lend to a consumer, you have to ensure that they can afford it and that the credit is suitable for them,” he toldย Information Age.
The new rules were a โbalanced and proportionate regulatory approach,โ AFIA CEO Diane Tate said, that โwill enhance consumer trust, enshrine consumer protections into law and allow BNPL to continue to play an important role in our digital economyโ.
The protections come four years after ASICย criticisedย fast-growing BNPLย operatorsย for failing to consider consumersโ ability repay mounting debts, with fintechs andย Big Four banksย alikeย pouring billionsย into a sector providing short-term credit to millions of consumers.
With many consumers taking out multiple BNPL contracts and the industry fighting to avoid having to evaluate consumersโ broader financial positions in making funding decisions,ย surging BNPL debtย finally drove the government toย actionย in late 2022.
PASSED: Laborโs legislation for protections for Buy Now Pay Later consumers, tax transparency for multinationals, and support for charities.#auspol #ausecon
โ Jim Chalmers MP (@JEChalmers) November 28, 2024
Australiaโs 5.2 million BNPL customers spent an average of $132 each, according to the AFIA, with consumers spending $22.9 billion on BNPL throughout 2023 and merchants benefiting by $1.9 billion for supporting them.
The services have been particularly popular among Gen Z and Gen Y shoppers, with Finder surveys finding that while 41% of Australians used BNPL in the past six months, that rose to 57% for Gen Z and Gen Y consumers.
With BNPL normalised, the financial counselling sector โhas wanted BNPL products treated as credit since they were first introduced in Australiaโ, Financial Counselling Australia co-CEO Domenique Meyrick said, noting that counsellors โsee the harm BNPL products can causeโ.
โMany people have multiple, small amount accounts and these are getting some into debt spirals.
โโฆ These new laws will go a long way to protect consumers from getting into unnecessary debt.โ
Consumer and industry groups welcomed the new legislation, which passed into law during Parliamentโs marathon session on 28 November โ which, coincidentally, was the eve of Black Friday sales events that saw Australian consumers spend in record numbers.
Merchants using payment provider Shopify were taking in $7.1 million ($US4.6 million) per minute by noon on Black Friday, the firm reported, with Australian sales increasing by 25% over last yearโs Black Friday event and the average consumer spending $187.68.
The new legislation was โa welcome development [that] will ensure strong consumer protections while enabling Australians to continue accessing the benefits of BNPL,โ said FinTech Australia head of policy Katie Wilson.
Consumer Action Law Centre CEO Stephanie Tonkin said it was about time.
โWe have fought long and hard to have BNPL treated like other credit products,โ she said, noting that โregulating BNPL products couldnโt be more important in a cost-of-living crisisโ.
By forcing consumers and providers to better consider their overall debt, Choice CEO Ashley de Silva said the new laws โwill help make BNPL loans safer and fairer [and] greatly reduce the risk of people being signed up to unaffordable BNPL loans that leave them worse offโ.
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