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Sunday, April 14, 2024

The SEC Advertising and marketing Rule Sweep Has Begun

What You Must Know

  • Are you being too aggressive together with your advertising and marketing efforts? Watch out.
  • Do not assume advertising and marketing consultants are compliance specialists.
  • In the event you use, or market your use of, AI, make sure you’ve gotten safeguards in place.

In February, The enforcement unit of the Securities and Trade Fee’s Boston department commenced Advertising and marketing Rule sweeps, notifying affected companies to protect and produce data.

It’s crucial that companies overview their web sites and advertising and marketing practices to make sure that they’re compliant with the brand new Advertising and marketing Rule that turned efficient in November 2022, particularly concerning the use or publication of testimonials, hypothetical efficiency displays, and rankings/awards/recognitions.

It is usually crucial to overview and replace agency insurance policies and procedures to substantiate that they appropriately handle the brand new rule.

And be warned: Whereas it doesn’t imply they don’t exist, I’ve but to come across a advertising and marketing guide that clearly understands the advertising and marketing limitations within the funding advisory trade. So don’t depend on them for compliant advertising and marketing supplies.

As a lot of you’ve gotten heard me profess numerous occasions, using puffery and/or statements that may’t be definitively corroborated may show problematic, to not point out the inappropriate use of testimonials. Properly, that day has apparently come. Keep away from utilizing pointless adjectives and/or uncorroborated laudatory/promissory statements; at all times add a modifier like “assist,” “try” or “imagine.” Additionally keep away from utilizing the phrase “guarantee” or different statements that connote a assure. Watch out of statements touting “battle free” recommendation or companies. 

Though I’ve no empirical proof, I’m assuming that the SEC is utilizing synthetic intelligence to comb by means of advisory agency web sites. I’m at present addressing just a few of those issues with the Boston department.

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