Imagine it's 1999 and you've just stumbled across a newspaper article heralding the news that SMS text messages can now be exchanged between different networks.
Unless you have a bit of technological savvy, you probably won't be able to decipher exactly what that means. But even if you are tech-savvy, you likely aren't giving much thought to how this technological change will revolutionize communication in the coming decades. After all, it's 1999, and even if you have a mobile device, there's a good chance you've never sent or received a text message yourself.
Fast forward to today: When was the last time you used a landline to make a phone call? Or the last time you wrote a letter to a loved one, a friend or a colleague? On the other hand, when did you send or receive your last text?
This Opportunity Can Come With Costs. Minimize Them.
Our communication tools change over time. To communicate effectively with our clients, it is necessary to communicate with them in the channels they rely upon and prefer.
Still, while texting has revolutionized communications and the client experience, innovation hasn't come without regulatory cost for those in financial services. Just weeks ago, the five largest investment banks in the country were fined a total of $1 billion for failing to monitor employees using unauthorized texting apps such as WhatsApp. Last year, JPMorgan was fined $200 million for failure to preserve staff communications on personal devices.
Though the management of these communication archives might seem outside the jurisdiction of investment banks and firms, the SEC and FINRA would ask us to think again. Fines for these types of regulatory violations have long been in play, but the penalties for improper conduct are growing in severity when it comes to mobile communication via apps and texting.
Smartphones have transformed the world of communication irrevocably. Due to the corresponding regulatory ramifications of this transformation, advisors must put processes in place to maintain compliant advisory practices across the growing abundance of modern communication options.
This means that advisors must consider compliance not only with texting but must also ensure every other mobile application that a staff member may use for personal communication (e.g., WhatsApp, Signal) will not bleed into business communications unless they have been vetted and approved via proper compliance channels.