SMS compliance and Why It Matters

Compliance officers at finance firms have long grappled with the dynamic and evolving landscape of SMS (Short Message Service) compliance. It’s a subject that often takes a back seat to more traditional forms of communication, such as emails and phone calls. However, recent developments have thrust SMS compliance into the spotlight. The Securities and Exchange Commission (SEC) is cracking down on “widespread record-keeping failures,” sending shockwaves through the industry. This post aims to shed light on the urgency of SMS compliance for finance firms and what actions can be taken to avoid hefty fines. 

SMS Compliance Failures

In September 2023, the SEC made headlines by charging 10 firms a collective $75 million for their “widespread and longstanding failures to maintain and preserve electronic communications.” What exactly does this mean? Employees within these firms were using personal mobile devices to text clients without proper documentation, which directly violates the law. This widespread non-compliance has costly consequences. Just a few months earlier, HSBC and Scotia Capital faced similar charges, which together totaled $22.5 million. 

It’s important to note that the keyword here is “widespread.” These compliance failures didn’t originate solely from lower-ranking employees. They extended to supervisors and senior executives.  

And they are not alone either. Within the past year, 27 Wall Street firms found themselves in hot water, collectively footing a bill of over $300 million. This is a clear indicator of how pervasive and serious SMS compliancy failures have become. 

STOP! Before you send this text message, are you following SEC’s recordkeeping compliance laws?

What Does This Mean for You?

If you’re a compliance officer at a finance firm, this should be a wakeup call. SMS compliance is not a mere formality. The SEC’s intensified scrutiny reveals the gravity of the situation. Are your employees texting with clients? Are they meticulously documenting every conversation? As the SEC investigates more firms, it’s almost guaranteed that more will be found wanting when it comes to proper SMS compliance. Will your firm be next in line for fines and public scrutiny? 

SMS compliance is crucial not just for avoiding fines but also for maintaining the trust and reputation of your firm. Clients expect their personal information and transactions to be handled securely and professionally. Failing to meet SMS compliance standards can erode this trust, potentially leading to a loss of business. 

Next Steps

While many violators have already faced the consequences, they are now actively working to prevent similar occurrences in the future. Proper documentation is at the forefront of these efforts. When dealing with work-related topics, it’s essential to maintain detailed records of text communications. One effective strategy for ensuring both efficient texting with clients and rigorous documentation is to provide texting services to employees. There are several cost-effective business texting services that help your firm avoid millions of dollars in fines.  

These services enable firms to streamline their SMS communication processes, ensuring messages are properly documented and compliant with regulations. By doing so, finance firms can mitigate the risk of further SEC fines and preserve their hard-earned reputation for integrity. 

SMS Compliance Guarantee

In the ever-changing world of finance, SMS compliance is a crucial component of maintaining regulatory integrity and safeguarding a firm’s reputation. With TextBetter, you have the assurance that all your text communications will be documented in one centralized location, thereby ensuring SMS compliance with existing laws and regulations. By taking this step, finance firms can demonstrate their commitment to compliance and reduce the risk of costly fines. Remember, in the world of finance, compliance isn’t just a box to check; it’s a cornerstone of trust and transparency. Don’t wait until the SEC comes knocking – make SMS compliance a priority today and contact us today!  

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