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

SEC Fines Target Off-Channel Communications

Posted on April 18th, 2024 at 2:15 PM
SEC Fines Target Off-Channel Communications

From the desk of Jim Eccleston at Eccleston Law 

The Securities and Exchange Commission (SEC) is ramping up its enforcement efforts targeting off-channel communications, particularly text messages, among investment advisory firms. Speaking at the recent Investment Adviser Association's compliance conference, former SEC attorneys predict that fines against investment advisors for such violations are on the horizon. 

ThinkAdvisor reports that off-channel communications remain a significant concern for the SEC, as highlighted by recent actions. In February, the SEC imposed fines totaling $81 million on 16 firms for using unapproved communication methods like texting. Those fines are part of a broader crackdown, with total penalties exceeding $3 billion.

The SEC's increased focus on off-channel communications has raised compliance challenges for investment advisory firms. Many firms are grappling with distinguishing between recordkeeping requirements for investment advisors and broker-dealers. While some SEC orders cite egregious behavior, such as using ephemeral messaging apps, the majority of violations involve innocuous activities like texting for convenience or due to the COVID-19 pandemic.

 

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

Tags: eccleston, eccleston law, sec

Return to Archive

TESTIMONIALS

Previous
Next
Quotes Bigger

The work that you and your team have performed on my behalf is exemplary.

JT

LATEST NEWS AND ARTICLES

1783012078 Law
July 2, 2026
Financial Services Institute Backs New Jersey Bill Protecting Independent Advisor Model

The Financial Services Institute (FSI) has urged New Jersey lawmakers to advance legislation that would help preserve the independent contractor status of financial advisors operating in the state.

1782920284 Law
July 1, 2026
Private Credit Funds Face Scrutiny Over Software Exposure Amid Investor Concerns

Private credit fund managers are facing increased scrutiny over their exposure to software companies as investors continue to pull money from the sector during ongoing market volatility.

1782836587 Law
June 30, 2026
FINRA Signals Stronger Enforcement Focus on Reg BI, Excessive Trading, and Best Execution

The Financial Industry Regulatory Authority (FINRA) plans to intensify its enforcement efforts against Regulation Best Interest (Reg BI) violations, excessive trading, options trading, churning, and best execution failures after bringing a record number of retail investor protection cases in 2025, according to ThinkAdvisor.