FOS is concerned FSA’s discussion paper on consumer responsibility is likely to lead to misunderstandings. It says the phrase actually means where a consumer’s ability to recover compensation from a business may be reduced or rejected as a result of the consumer’s recklessness, carelessness or failure to take reasonable steps to mitigate a loss. However, FSA talks of a “balance of responsibilities” which might lead businesses to think consumers owe duties to them, whereas it is almost always only the businesses which owe duties to consumers. In fact, all FSA has produced is a list of things a sensible consumer should do, rather than things that would lead to a claim being rejected if the consumer did not do them. It also says FSA’s description of the common law position of businesses is not helpful.