Some of the regulations that have a direct influence on advertising specific financial services are discussed below-.
Advertising of commercial banking
services is monitored through the various regulations enforced by the Federal
Reserve as well as the Office of the Comptroller of the Currency. For example,
the Truth in Savings Act specifies items of information that
depository institutions should disclose about deposit accounts featured in
their advertisements. Terms such as the rate of interest, applicable fees, and
terms of the deposit such as the minimum length of time that is required prior
to withdrawal of the funds need to be clearly communicated to consumers. For
credit products, the Truth in Lending Act (regulation
Z of the Federal Reserve) dictates that the true cost of credit must be
communicated in written form to consumers. Regulation Z also establishes the
method to be used to determine the cost of credit and requires that lenders
communicate this information in the form of the annual percentage rate (APR).
Each state’s department of insurance
regulates insurance advertising. The objectives of insurance advertising
regulations are twofold. The first objective is to prevent the creation of
biases in consumer assessment of the probability of catastrophic events. This
objective relates to the established fact that consumers typically are unaware
of the risks and probabilities for events for which they purchase insurance
products, as discussed in Chapter 2. For example, insurance advertising that
bolsters the fear of catastrophic events through dramatic imagery is not
allowed. Negative outcomes of disasters should also not be overstated in
insurance advertisements. The second objective of insurance advertising regulations
is to prevent the creation of inferences that suggest that an insurance company
is unusually generous in its payout behavior. As a result, insurance
advertisers have to take great care not to exaggerate either the severity of
harmful events or their own willingness to payout customer claims. In addition,
images of currency and checks should not be included in advertisements for
insurance products as they may make consumers infer unconsciously that the
insurance company has a high propensity to payout claims and is usually
generous.
Therefore, terms such as “low,”
“budget,” and “low-cost” cannot be used.
The advertising of investment and
brokerage services is regulated by the SEC as well as the NASD. These
regulators require that advertisers ensure that consumers understand that past
returns of an investment may or may not be realized in the future. As a result,
statements to this effect need to be mentioned in consumer communications,
including advertisements in mass media and direct mail. Advertisements for
mutual funds must also encourage potential investors to seek the detailed
technical information on the fund by requesting the fund’s prospectus. The ads
should facilitate such action by providing consumers the necessary contact
information.
Additional Securities and Exchange
Commission rules should be consulted for the details of information that must
be included in mutual fund advertisements. Readers are encouraged to further
examine sources specializing in financial services advertising regulations for
additional details.