Regulatory Spotlight on AI in Financial Advising: Risks, Opportunities, and Compliance Needs

Posted on February 18th, 2025 at 10:21 AM
Regulatory Spotlight on AI in Financial Advising: Risks, Opportunities, and Compliance Needs

From the desk of Jim Eccleston at Eccleston Law

Artificial intelligence (AI) tools, including large language models (LLMs), present both promising opportunities and notable risks for financial advisors. According to Financial Planning, as the popularity of AI grows in the financial advisory sector, regulators like FINRA and the SEC are examining potential issues closely.

Recently, regulatory bodies raised concerns about practices such as “AI washing,” where firms exaggerate their AI capabilities, and the potential risks of “hallucinations” in generative AI, where models like ChatGPT produce incorrect or misleading responses. At FINRA’s recent advertising regulation conference, FINRA Senior VP Brad Ahrens highlighted the importance of understanding both AI’s potential and its risks, especially with the widespread adoption of generative AI.

SEC Chair Gary Gensler also weighed in, warning firms against overreliance on AI and underscoring the need for a measured approach. Gensler suggested that financial institutions should critically assess how they might depend on AI-driven models to avoid issues that could harm capital markets.

FINRA noted the increase in LLM use cases within firms, particularly in providing automated answers to client questions or accessing specific content in manuals. While FINRA did not take a stance on this usage, it emphasized the importance of monitoring AI outputs. Philip Shaikun, Vice President and Associate General Counsel at FINRA, urged firms to ensure compliance by implementing human oversight and spot-checking procedures.

FINRA and the SEC have also emphasized monitoring tech vendors, given that some may have incorporated AI into their services since initial contracts were signed. Firms should remain vigilant, particularly with vendor agreements where AI capabilities have changed over time. Amy Sochard, FINRA’s VP of Advertising Regulation, suggested that firms regularly reassess vendor technology to ensure they remain compliant.

According to Financial Planning, hyper-personalization in marketing is another area where AI poses ethical risks. AI enables firms to track digital footprints, leading to highly personalized ads that could exploit user data. Rachael Chudoba from McCann Worldgroup advised firms to educate their teams on the ethical and regulatory implications of AI-driven personalization to prevent exploitative advertising tactics.

 

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

I cannot thank you enough for your efforts. You have proven to be a valuable resource.

Jim T.

LATEST NEWS AND ARTICLES

January 30, 2026
FINRA Arbitration Panel Orders J.P. Morgan to Amend Form U-5, Flags Potential Pattern of Conduct

A Financial Industry Regulatory Authority (FINRA) arbitration panel recently issued an unusually detailed decision in a dispute between J.P. Morgan Securities and former advisor Joshua David Sappi Biering, shedding rare light on how a firm may deploy - and sometimes abuse - the Form U-5 during advisor departures.

January 29, 2026
OFAC Targets Individual Trustee, Sending a Clear Warning to Fiduciaries and Family Offices

In a rare move, the Office of Foreign Assets Control (OFAC) penalized a former U.S. government official, underscoring that professional gatekeepers can face personal liability for sanctions violations tied to trust administration.

January 28, 2026
FINRA Advances Overhaul of Outside Business Activity Rules to the SEC

FINRA formally has advanced its proposed overhaul of outside business activity (OBA) regulations to the Securities and Exchange Commission.