What Do Regulators Consider Advertising?

Do you know what regulators consider an advertising or marketing piece? Is it a friendly email to a customer? A profile questionnaire?  Business letterhead?

You may be surprised to learn what regulators define as marketing and advertising. The following are some of the most common marketing practices that fall under the regulatory requirements:

  • Brochures, circulars, pamphlets and published articles
  • Sales presentations, prepared sales talks, seminars handouts, telemarketing scripts and materials.
  • Guest speaker materials presented at producer-sponsored events
  • Print, Radio, TV and any form of media advertising, including newspaper, magazine, TV, radio, etc.
  • Internet websites and any form of electronic commerce
  • Social Media sites
  • Newsletters, research reports, performance reports or summaries
  • Preselecting, target market or form letters
  • Emails, as well as email signatures, logos, descriptions, titles, services or features
  • Lead cards and lead-generating materials
  • Business cards and letterhead
  • Agent biographies
  • Agent recruiting and training material
  • Sales illustrations
  • Materials used to recruit agents
  • Phonebook or yellow page listings

Some states may have their own specific requirements about what they consider advertising, so this list is not all-inclusive.  For example, in California, worksheets and questionnaires or fact finders are included in their definition of “advertising.” If you are unclear on whether something falls within the definition of advertising or need assistance reviewing your materials, please reach out to our compliance team at ComplianceConnection@biltd.com. We are here to help you succeed.

This information is intended for Financial Professionals who are insurance licensed only. If you are securities licensed please contact your Broker Dealer for their requirements.

These educational pieces are intended to be informative and provide generalized guidance. They should not be construed as legal advice or provide protection against compliance violations brought on by a consumer or state insurance commission. It is the sole responsibility of the financial professional to seek compliance or legal direction specific to their individual situation. These pieces should be used as a means to raise awareness and evaluate business practices.

For Financial Professional use only, not for use with the general public. #17-3066-081518