As more people in retail, business, and trade make use of cryptocurrency, concerns regarding consumer protection and fairness have become more imminent. How can consumer rights be balanced with access and understanding? This question sits at the center of current crypto policy debates, particularly in the UK, where consumer advocates are actively discussing how frameworks like the FCA Consumer Duty rules should apply to crypto-related activities.
The nature of crypto markets is different from traditional markets in terms of speed, complexity, and reach. Although these qualities pose opportunities for innovation and financial inclusion, they can accentuate risks for mainstream participants. Consumer advocates therefore seek a balance where protections—similar in spirit to those mandated under the FCA Consumer Duty—are extended to crypto users without undermining innovation, openness, or access. This tension is especially visible in discussions around stablecoins, disclosure requirements, and policy proposals such as the England Stablecoin cap.
The Three Pillars of Consumer Protection in Crypto
A typical consumer protection in crypto is based on three interlinked support beams:
Protection: Protecting consumers against harm by scamming, platform breakdown, and deception
Transparency: Providing for accessible, understandable, and accurate information being available to end-user customers
Inclusion: "Preserving access to financial tools for people excluded from conventional systems"
UK advocates increasingly reference the FCA Consumer Duty, which requires firms to act in good faith, avoid foreseeable harm, and support consumers in achieving good outcomes. The challenge lies in translating these principles into crypto markets without imposing rules designed solely for traditional intermediaries.
Why Consumer Protection Remains a Core Focus
One of the primary concerns when the topic of crypto is raised is consumer protection, given the history of flash crashes and bankruptcies in this space. A major point of differentiation in traditional finance is that when consumers deal with crypto, they do this without middlemen in most instances. Under the FCA Consumer Duty, firms are expected to proactively consider consumer harm—not merely disclose risks. Consumer advocates argue that similar expectations should apply in crypto, especially where platforms market to retail users.
Common Consumer Risks in Crypto
Highly volatile prices potentially resulting in sudden and unforeseen losses
Projects with fraudulent intents: Rug pull, Impersonation Scams for new users
Irreversible transactions, in which errors or theft may not be reversed
Insolvency of platform operators leading to locked or inaccessible funds
A lack of legal remedies because of unclear territorial and regulatory provisions
Advocates do not argue that risk should be eliminated. Rather, consistent with Consumer Duty principles, risks should be clearly explained, not obscured, and responsibility should not be shifted entirely onto less-informed users.
Protection Measures Commonly Supported
Standardized risk statements in simple, accessible language
Minimum security and custody standards for custodial platforms and exchanges
Accountabilities and responsibilities of centralized intermediaries
Equal rules on marketing and advertising in order to avoid deception
On the other hand, consumer rights lawyers do not underestimate either the fact that overly protective safeguards can deter participation in this space, especially smaller consumers, early-phase start-ups, and innovation.
Transparency: The Foundation of Informed Participation
Transparency is a cornerstone of both crypto advocacy and the FCA Consumer Duty, which emphasizes that disclosures must be understandable and useful, not merely technically compliant.
What "Transparency" Means in Practice
From a consumer advocacy perspective, transparency includes:
Instructions on how products function
Fees, Risks, and Limitations Disclosed
Publicity concerning governance and reserves
Meaningful names rather than overly technical jargon
As proponents will strongly emphasize, "transparency must be usable, not just available. Information buried in technical reports or complicated disclosures may be legally accessible but not in practice usable by the people most in need of it."
Financial Inclusion: Going Beyond Access
Crypto is often praised for promoting financial inclusion, but consumer advocates argue that access alone is insufficient.
Inclusion Challenges in Crypto
Although a crypto platform may be accessible to consumers, other barriers may exist in the sense that:
Complex User Interfaces
Lack of educational resources
Language and literacy disparities
High responsibility placed on self-custody
Advocates echo FCA Consumer Duty principles by asserting that inclusion should involve supported access, not exposure to poorly understood risks.
The Central Tension: Protection vs. Inclusion
However, the most problematic challenge for consumer advocates in this area is resolving this trade-off problem of including and excluding consumers. Protecting consumers can have an unintended consequence of excluding them.
Examples of Trade-Off
Identity screening might raise security standards but will bar the unbanked
caps on investment can control losses but suppress turnout
Raising standards but reducing competition through licensing
The England Stablecoin cap is an example where this dilemma can be observed. Although a cap may lower systemic and consumer risk, advocates argue it must account for real-world use cases such as payments and remittances—consistent with FCA Consumer Duty’s focus on consumer outcomes rather than rigid thresholds.
How Consumer Groups Campaign for a Balanced Outcome
Instead of prioritizing one over the other, consumer rights bodies promote balanced and dynamic systems.
Core Principles Underlying Advocacy
Risk-based regulation rather than generic regulation
Scaled requirements based on product impact
Ongoing monitoring rather than static limits
Education in addition to Enforcement
Such an approach will allow safeguards to keep pace with technology and market maturity.
Practical Measures Advocates Support
For a balance to emerge, the following recommendations have been made
Clear on-boarding information for new users
Access Tiers based on Experience and Size of Transaction
Transparency of stablecoin reserves
For this purpose, independent audits by external auditors
Ongoing consumer education campaigns
These policies indicate that the FCA Consumer Duty is prioritizing fair value and consumer support without taking away the element of autonomy.