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Serving Senior Investors: #5 - Advertising and Marketing

September 2, 2010

What's wrong in this picture.   Mr. Investor met with Mr. Registered Rep to discuss his portfolio.  At the meeting, Mr. Investor showed Mr. Registered Rep an advertisement he'd received from another securities professional, indicating that he'd receive a 50% return on his investment.  The bottom of the advertisement included the designation “Senior Specialist,” a title that confused Mr. Investor.

“Protecting Seniors: Report of Examinations of Securities Firms Providing “Free Lunch” Sales Seminars.” In 2008, firms noted they had adopted one or more practices outlined in this public report issued September 2007 by staffs of the SEC, FINRA and NASAA.  Here's a sampling:

  • Banning securities professionals from using marketing materials to target particular age groups - e.g., referring to an event as a “senior seminar” or a “senior meeting.”
  • Providing an online brochure with detailed instructions accessible to all employees describing the approval process required for seminars, investor appreciation events, continuing education seminars, outside speaking events, booths/exhibits, and business building/networking events.
  • Providing a library of pre-approved materials that were reviewed and approved by supervisory and compliance personnel.
  • Using a web-based training module for securities professionals - a reference when they're creating materials for senior-oriented events.
  • Performing a minimum number of unannounced compliance visits to seminars on a yearly basis.
  • Instituting a “mystery shopper” program where a compliance professional attends seminars unannounced to verify that securities professionals are conducting seminars in accordance with firm policies and procedures.
The Use of Senior Designations.   As a result of increased scrutiny by regulators, many firms have heightened their review and approval processes for the use of senior designations by their employees, and they monitor and limit their use. Some examples of these policies include:
  • Reviewing the training materials used by entities or organizations that confer a designation to ensure that predatory sales techniques are not included as part of the training.
  • Verifying the appropriate use of designations during field office inspections by reviewing securities professionals’ business cards.
  • Maintaining lists of approved and prohibited designations.
  • Banning the use of any designation that includes the word “Senior” to help ensure that investors are not confused.
  • Permitting the use of designations only if accredited by a national accreditation organization.

For further details, click onto:  [ SEC PR 10-147, 8/13 ];  and, [ The 2010 Addendum ];  and  [ The 2008 Report ]


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The above info came from "Protecting Senior Investors:  Compliance, Supervisory and Other Practices Used by Financial Services Firms in Serving Senior Investors," guidelines from the staffs of SEC's OCIE, FINRA and NASAA - published in 2008, updated in 2010. 

Here's what C-I is focusing on.  Next posting deals with #6.

  1. Getting started: how firms are thinking of ways to remodel their supervisory and compliance structures to meet the changing needs of senior investors.
  2. Communicating effectively with senior investors.
  3. Training and educating firm employees on senior-specific issues (such as how to identify signs of diminished     capacity and elder abuse).  
  4. Establishing an internal process for escalating issues and taking next steps. 
  5. Advertising and marketing to senior investors.
  6. Obtaining information at account opening.
  7. Ensuring the appropriateness of investments;  and,
  8. Conducting senior-focused supervision, surveillance and compliance reviews.