I could write a new blog entry, but why do so when Financial Planning just wrote an excellent article on the subject. http://www.financial-planning.com/news/practice_management/social-media-and-regulatory-compliance-5-rules-2689208-1.html

Without question, the continued use of Facebook “likes” and LinkedIn “recommendations are the most common violations. The regulators, both the SEC and state agencies, are well aware of the problem and have made enforcement of social media violations one of their “hot spots.”

Some investment advisors have attempted to argue that since they are dually registered and registered representatives are allowed to use testimonials, such “likes” and “recommendations” are allowed. Sorry, that old “two hats” argument does not work given the ruling in the Arlene Hughes decision, where the court said dually registered reps/advisors will be held to the higher standards of advisers.

Once again, as with the fiduciary standard, advisers are held to a different standard than registered representatives. Just as with the fiduciary standard, makes no sense to have such different standards. But I’m just the messenger. Common sense would say hold all financial advisers to a fiduciary standard, which is consistent with the expressed purpose of the securities laws, and hold all financial advisers to the same social media rules. But as Voltaire said, “common sense is not so common.”