Is Die Hard really a film about the FCA's Consumer Duty?
06 December 2024
We all agree that Die Hard is a Christmas movie.
But recently the question we are continuously asked is whether Die Hard was really about the FCA's Consumer Duty, and more specifically, vulnerability.
We have considered this below and the outcome is crystal clear.
John McClane doesn’t just react to threats, he actively seeks out ways to protect the civilians, some of whom (including his wife Holly*) are in particularly vulnerable situations due to their proximity to Hans Gruber. Firms must prioritise protecting vulnerable consumers.
Like McClane, firms should anticipate where harm might occur and act swiftly to address it.
John McClane recognises that not all civilians are equally equipped to handle the crisis. He tailors his actions, such as guiding people to safety or neutralizing threats that specifically endanger the most vulnerable.
McClane understood the civilians. Even better, he understood the terrorists at an individual level. Firms must identify where customers might be at greater risk of harm and take steps to ensure they are supported appropriately.
McClane uses clear, direct, and accessible communication to ensure others understand their roles and stay safe. He adapts depending on the recipient. He communicates via walkie-talkie to Police Officer Al but realises he needs to escalate to attract wider attention. What does he do? He sets off fire alarms and breaks windows.
Firms must communicate in a way that all customers, including the vulnerable, can understand and act upon. This means avoiding jargon. In short, like McClane, do not be afraid to smash the window.
Hans Gruber takes advantage of the civilians' vulnerability (such as his manipulation of Harry Ellis) to pursue his agenda. McClane’s mission is to expose and stop this exploitation.
Firms must guard against abusive practices that exploit vulnerable consumers, such as upselling unsuitable products or failing to disclose key risks. What is the message? Simple: be less Hans.
Hans Gruber wants to exploit the civilians for his own financial gain. He masks his true intentions, pretending to be a freedom fighter. His lack of transparency and regard for his actions on others puts everyone at risk. Conversely, McClane seeks fair value for all at every stage of the journey – reassessing the situation as facts change.
We should all be like John McClane. This means that no person is left behind, creating fair value and good outcomes for all.
We hope you therefore also agree that Die Hard, which was released around 35 years ago, was essentially the framework on which Consumer Duty has been built.
We wish you all the best over the holiday season.
*Please note: consideration as to the inherent conflicts caused by John and Holly's relationship as the situation was fast developing at the Nakatomi Plaza is beyond the scope of this article.*
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to.
Readers should take legal advice before applying it to specific issues or transactions.