9.1.7.2.5. Electronic Communications and Social Media
Electronic communications, including websites, blogs, and social media platforms provide a dynamic way for investment advisers to communicate with their clients and advertise their services. However, these platforms also bring special considerations for the IA attempting to adhere to marketing regulations.
Positive comments from third parties. Many websites and social media platforms allow individuals to leave comments. As long as IAs do not edit or selectively display comments left on their social media pages, positive comments from clients or third parties are not considered advertisements. However, if an investment adviser involves itself in the preparation of the comments, endorses the comments, distributes the comments other than where they were originally posted, edits or deletes comments, or otherwise incentivizes customers to leave positive comments, these comments would be considered advertisements.
Example: Incredible Investment Advisers has a Facebook page where clients can leave comments. All of the comments are positive, until one day a client leaves an angry comment because their portfolio lost money during a market downturn. A representative at Incredible Investments wants to delete the comment because he thinks it is an unfair portrayal of their services. However, if he deletes the negative comment, all of the other comments will be considered advertisements, and they will need t