In this day and age of UDAP/UDAAP, it’s clear that how you say what you say in your advertisements is just as important as what you say. Style matters — you must be clear and conspicuous in your wording so as not to confuse and deceive. 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 bank’s size or regulator.
With everything happening in the financial services industry, now more than ever it’s important that your advertising and marketing efforts are effective. Moreover, regulator and examiner attention to your advertising and marketing efforts is at an all-time high. 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?
This is a three-part webinar series that covers the comprehensive landscape of marketing and advertising compliance requirements. In these webinars, we’ll provide many examples of how the rules apply as well as recommendations on how to deal with all the requirements. We’ll cover not only the UDAP/UDAAP aspects of advertising but also the many technical requirements of the deposits and loan regulations that deal with marketing and advertising. As well, we’ll cover the many marketing program-specific rules that cover campaigns; for instance, what are the rules when you send emails? Use the phone? We’ll also talk about using data and customer information in marketing, such as privacy rules and regulations.
Finally, we’ll also delve into the technical aspects of marketing and advertising: using artificial intelligence, algorithms, and auto-decisioning. We’ll also discuss various media, including social media and digital channels.
As the compliance environment becomes more complex, your marketing department must stay on top of all the rules and regulations. These sessions will help.
- Marketing & Advertising Compliance: Part 1
- Marketing & Advertising Compliance: Part 2
- Marketing & Advertising Compliance: Part 3
Marketing & Advertising Compliance: Part 1
March 2, 2023, 10:00 am CST
What You’ll Learn
- 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? Co
Opening New Accounts: Documentation and Compliance — Personal and POA Accounts
March 27, 2023, 1:30 pm CST
This two-hour webinar focuses on the risks, procedures, best practices, and compliance requirements for opening Personal and Consumer Accounts.
What You’ll Learn
- Deposit advertising, including Reg. DD requirements
- Tax reporting issues
- FDIC official advertising statement requirements — plus updates: what’s coming?
- Non-deposit 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
Opening New Accounts: Documentation and Compliance – Fiduciary, Trust and Estate Accounts
March 28, 2023, 10:00 am CST
This two-hour webinar will delve into the responsibilities of collecting appropriate documentation, providing ownership options, titling accounts correctly, and allowing proper access to Trust, Fiduciary and Minor accounts not only during lifetime but at the death of a signer as well.
What You’ll Learn
- 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
Who Should Attend?
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, and anyone else whose duties involve promotion.
Carl Pry is a Certified Regulatory Compliance Manager (CRCM) and Certified Risk Professional (CRP) who is a Managing Director for Treliant Risk Advisors in Washington, DC. Through his working career, as well as through his experience as a banking attorney and officer, he has provided a variety of regulatory compliance and financial performance services to financial institutions and other clients throughout the country. He has written extensively regarding consumer and commercial compliance, tax, audit, and financial institution legal issues, and is a frequent contributor to and currently serves on the Editorial Advisory Board for the ABA Bank Compliance magazine. He has spoken at scores of banking, compliance, and state bar associations, and has conducted training sessions for financial institutions across the country.
Continuing Education Credit Information
Marketing & Advertising Compliance: 3 Part Series has been approved for 7.5 CRCM credits. This statement is not an endorsement of this program or its sponsor. Credits are redeemable for Live attendance only. For questions on certificates, please email email@example.com. Certification holders must report these credits at https://aba.csod.com.
- Live Access, 30 Days OnDemand Playback, Presenter Materials and Handouts – $769
- Available Upgrades:
- 12 Months OnDemand Playback + $280
- 12 Months OnDemand Playback + CD + $370
- Additional Live Access + $225 per person