ABSTRACT
The Consumer Credit Act 1974 regulated the form and content of advertisements by reference to the consumer credit regulations 2004 and 2010. The relevant statutory provisions have been repealed and with them have gone the regulations. Only certain criminal provisions remain unrepealed from part IV of the Consumer Credit Act 1974 that deals with seeking business. The Financial Services and Markets Act has a different approach in advertising. It controls credit advertising by rules made under the Financial Conduct Authority (FCA) Handbook consumer credit sourcebook (CONC). The terminology employed in CONC and the Financial Services and Markets Act 2000 is to regulate communications with a potential borrower or hirer, a wide term embracing all forms of contact. The FCA glossary makes it clear that communication can take any form, including causing a communication to be made or directed. Further guidance on the meaning of the term communicate is at perimeter guidance manual (PERG).
