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

I have the best legal firm in the country to defend me. Awesome job!

Cindy C.

LATEST NEWS AND ARTICLES

1786734880 Law
August 14, 2026
Cash Sweep Litigation Continues to Drive Legal Costs

Cash sweep litigation continues to increase legal costs for wealth management firms despite the Securities and Exchange Commission's (SEC) decision under the Trump administration to close pending investigations without imposing enforcement penalties, according to AdvisorHub.

1786636784 Law
August 13, 2026
FINRA Orders Centaurus Financial to Pay $1.1 Million Over Variable Annuity Supervision Failures

The Financial Industry Regulatory Authority (FINRA) has ordered Centaurus Financial Inc.

1786553985 Law
August 12, 2026
Proposed FINRA Enforcement Reforms Draw Mixed Reactions From Industry Participants

A new report recommending changes to the Financial Industry Regulatory Authority's (FINRA) enforcement program has generated mixed reactions from investor advocates, securities attorneys and industry professionals, according to ThinkAdvisor.