Tr?id=566623520170033&ev=PageView&noscript=1

EC Zeroes In on Persistent Marketing Rule Failures With New Staff FAQs

Posted on January 22nd, 2026 at 3:51 PM
EC Zeroes In on Persistent Marketing Rule Failures With New Staff FAQs

The Securities and Exchange Commission (SEC) has sharpened its scrutiny of investment adviser marketing practices, signaling continued frustration with recurring compliance failures despite years of guidance and enforcement. As reported by Financial Advisor News, new staff FAQs published in January follow a December risk alert that detailed persistent deficiencies involving testimonials, endorsements, and third-party rankings.

According to Financial Advisor News, the new guidance targets two areas that continue to draw examiner attention. One FAQ addresses who may provide a compensated testimonial or endorsement. The other focuses on performance advertising when future clients may pay higher fees than those used in historical performance calculations.

Financial Advisor News reports that the December risk alert identified a familiar pattern of violations. SEC examiners observed advisors using testimonials without required disclosures, paying promoters without written agreements, allowing endorsements from ineligible individuals, and failing to conduct adequate diligence on third-party ratings and surveys. 

The December risk alert underscored the SEC’s diminishing tolerance for firms that assume they resolved marketing issues years ago. Financial Advisor News reports that examiners continue to find gaps between written policies and actual practices, particularly where marketing, digital, and compliance functions fail to align.

For advisors, the takeaway remains practical and immediate. Firms must continuously vet testimonials and endorsements, not merely at onboarding. Performance advertising must reflect the fees clients are likely to pay, not the most favorable historical assumptions. Disclosures must remain clear, current, and unavoidable.

Although staff FAQs do not carry the force of law, they provide a clear window into examiner priorities. 

Eccleston Law LLC represents investors and financial advisors nationwide in securities, employment, transition, regulatory, and disciplinary matters.

Tags: Eccleston, Eccleston Law

Return to Archive

TESTIMONIALS

Previous
Next
Quotes Bigger

That is just fantastic! Thank you very much!

Julie N.

LATEST NEWS AND ARTICLES

1774622627 Law
March 27, 2026
FINRA Charges Former Pruco Securities Representative With Forging Dozens of Customer Signatures on Annuity Applications

The Financial Industry Regulatory Authority (FINRA) filed a disciplinary complaint against former Pruco Securities representative Avinesh Shankar alleging he forged customer signatures on annuity paperwork to obtain commissions, according to ThinkAdvisor.

1774540693 Law
March 26, 2026
FINRA Bars Former Morgan Stanley Financial Advisor After Refusal to Cooperate with Investigation

The Financial Industry Regulatory Authority (FINRA) has barred former Morgan Stanley financial advisor Gregory V.

1774452488 Law
March 25, 2026
Inspired Healthcare Collapse Triggers Investor Claims and Heightened FINRA Scrutiny

The collapse of Inspired Healthcare Capital has left investors facing significant losses and has intensified legal exposure for broker-dealers and financial advisors who sold the company's private offerings.