Compliance Risks in Social Media Advertising. Presented by: Steve Van Beek, Esq. (248)
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1 Compliance Risks in Social Media Advertising Presented by: Steve Van Beek, Esq. (248)
2 Overview FFIEC Guidance What is social media? Which regulations apply? Are there any exemptions? Specific risks of social media? Examples 2
3 FFIEC Guidance Who is the FFIEC? Federal Financial Institutions Examination Council (FFIEC) Federal banking regulators, including NCUA State Liaison Committee Represents state regulators 3
4 FFIEC Guidance Final Guidance on Social Media: Consumer Compliance Risk Management Guidance versus Regulation Formal rulemaking process Should versus Shall? Examiner Expectations Effective date? 4
5 FFIEC Guidance Guidance claims it does not create new requirements for credit unions Rather, the guidance was issued: as a guide to help financial institutions understand the applicability of existing requirements and supervisory expectations associated with the use of social media. 5
6 What is Social Media? Defined as a form of interactive online communication in which users can generate and share content through text, images, audio, and/or video. Examples include: Facebook, Google Plus, Twitter, blogs, consumer review websites (i.e. Consumer Reports, Yelp), Flicker, YouTube, LinkedIn and more. 6
7 Which Regulations Apply? It depends on the type of advertisement Checking account Truth in Savings; NCUA Share Insurance disclosure; UDAAP Mortgage loan Regulation Z; Equal Housing lender; UDAAP (applies to all ads) 7
8 Which Regulations Apply? Are there any exemptions for social media? No. The laws and regulations discussed in this Guidance do not contain exceptions regarding the use of social media. Thus, the existing rules/disclosures apply to social media advertising. 8
9 Specific Risks Compliance risk Inadequate disclosures Legal risk UDAAP issues Improper collections RESPA referrals Reputation risk 9
10 Advertising Examples Credit card advertisement Facebook Check out our Platinum credit card. Rates as low as 8.9% and no balance transfer fees! Any trigger terms? If so, do we have a link to the additional disclosures? NCUA logo or Equal Housing Lender? 10
11 Advertising Examples Regulation Z disclosures One Click Rule Electronic advertisements, including social media Applies to both open end and closedend loan advertisements Additional disclosures are included on a separate page via a direct link 11
12 Advertising Examples Refer a member promotion Twitter Refer a new member and you will each receive $20. Bonus under Truth in Savings? Additional disclosures required? One click rule? NCUA official advertising statement? 12
13 Advertising Examples Mortgage advertisement Check out our great rates on our 30 year mortgage loans! Trigger term? No rate is listed But, term of the loan is listed Equal Housing Lender disclosure? 13
14 Advertising Examples One Click Rule Allowed for: Reg Z additional disclosures (loans) TISA additional disclosures (accounts) Not allowed for: NCUA official advertising statement Equal Housing Lender disclosure 14
15 Advertising Examples Membership advertisement Anyone can join! Additional risk if no qualifying language Potential for unfair, deceptive or abusive claim NCUA sent Letter to FCU 13 FCU 03 Focused on associational common bond membership groups 15
16 Reputation Risk Member complaints/comments Social media provides new venue for members How does the CU handle complaints? Procedures Training If necessary, refer to appropriate department (i.e., error resolution) Track and report on complaints? 16
17 Key Takeaways FFIEC Guidance applies to all credit unions No exceptions for social media Existing advertising regulations apply Adjust procedures for reviewing social media advertisements If necessary, create landing pages for additional disclosures (one click rule) Manage complaints; Use to improve service 17
18 Questions? Sign Up for Regulatory e Alerts Steve Van Beek, Esq. Howard & Howard Attorneys PLLC 450 West Fourth Street Royal Oak, MI svb@h2law.com 18
19 Creativity. Results. Practicality. Solutions. Words that define not only successful businesses, but also the law firm that represents them. Howard & Howard is the law firm businesses use because our vision of success isn t lavishly decorated offices. The attorneys at Howard & Howard use a different measure. 19
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