Marketing and Advertising Compliance – 3 Part Series
If you read enforcement actions related to marketing and advertising carefully, it’s clear what else is being targeted: sales and marketing practices. It’s always useful to learn from others’ mistakes, regardless of your institution’s size or regulator.
This continues to be true even with new leadership in Washington and at the regulatory agencies. There continues to be a commitment to enforce rules against institutions that harm consumers, and that starts with how you communicate with them in your marketing.
Now more than ever it’s important that advertising and marketing efforts are effective. Advertising is being looked at in different ways than before. There are standards to observe, especially when it comes to UDAAP (Unfair, Deceptive, or Abusive Acts or Practices).
This is a seismic shift in regulatory enforcement, where practices that were perfectly acceptable in years past are now problematic. In the rush to attract new business and keep the clients you have, compliance requirements can easily be missed or ignored.
What can you say in advertisements? What must you say? What can you not say? Many sets of rules govern these questions, and more are on the way. How about your promotional efforts – contacting prospects and customers to let them know what you have available?
Included Webinars
Marketing and Advertising Compliance – Part 1
Marketing and Advertising Compliance – Part 2
Marketing and Advertising Compliance – Part 3
Series Details
Marketing and Advertising Compliance – Part 1
In-depth discussion of UDAP/UDAAP requirements: attention to unfair, deceptive, and abusive acts and practices (UDAAP). Plus, what may be considered abusive? How can you stay clear of trouble? Don’t miss the forest for the trees
Examples of unfair and/or deceptive advertising
Discussion of enforcement actions and UDAP practices, plus recommendations
Sales practices and conduct risk: what are the issues? What will examiners look for? How best to be ready
Marketing services agreements: attention on third-party activities
Native advertising issues
Utilizing technology in advertising: algorithms, artificial intelligence, and associated risks
What data are you using to create personal advertising? Coming regulations (DFA 1033)
Social media and control over messaging: targeting risks
Marketing and Advertising Compliance – Part 2
Deposit advertising, including Reg. DD requirements
Tax reporting issues
FDIC official advertising statement requirements plus updates: what’s coming?
Nondeposit Investment Product (NDIP) and insurance sales provisions
Rules prohibiting lotteries: what can and can’t you do with drawings and contests?
Marketing campaigns: privacy issues and sharing data and information with affiliates and non-affiliated third parties
Prescreening campaigns: FCRA requirements
Offering free credit reports
Guidance on the use of testimonials in advertising
Social media: regulatory guidance and cautions
TCPA (Telephone Consumer Protection Act): Do Not Call requirements, plus related Do Not Solicit issues
TSR (Telemarketing Sales Rule) fraud issues
Email issues: CAN-SPAM and other concerns
Does anyone use faxes anymore? The Junk Fax Prevention Act
Online marketing to children: COPPA
Marketing and Advertising Compliance – Part 3
Fair Housing Act (FHA) rules: the Equal Housing Lender logo and statement
Fair lending considerations in marketing and advertising: what to be aware of and hot spots (such as geographical restrictions/redlining)
Digital redlining issues
Determining your Reasonably Expected Market Area (REMA), and what this means
Truth in Lending/Reg. Z requirements, including additional requirements for mortgage loans
Tax deductibility issues
SAFE Act disclosure issues
What You’ll Learn
The comprehensive landscape of marketing and advertising compliance requirements
Numerous examples of how the rules apply and recommendations for managing compliance requirements
UDAP/UDAAP aspects of advertising
Technical requirements of deposit and loan regulations related to marketing and advertising
Marketing program-specific rules for campaigns, including email and phone communication regulations
Using data and customer information in marketing, including privacy rules and regulations
Technical aspects of marketing and advertising, such as:
Artificial intelligence, algorithms, and auto-decisioning
Various media, including social media and digital channels
Who Should Attend
These sessions are ideal for anyone involved in developing and marketing your institution’s products and services, including the marketing department, compliance officers, auditors, business managers, sales, and service staff.
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