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?
- 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
What You'll Learn:Marketing and Advertising Compliance - Part 1
October 29, 2025 | 11:00 am - 1:00 pm EST
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? Coming regulations (DFA 1033)
- Social media and control over messaging: targeting risks
Marketing and Advertising Compliance - Part 2
November 5, 2025 | 11:00 am - 1:00 EST
What You'll Learn- 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
November 12, 2025 | 11:00 am - 1:00 pm EST
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
