Compliance

Best Practices for Managing Marketing Compliance at the Enterprise Level

5 mins read
September 27, 2017
By
Total Expert

Mortgage lenders are under constant scrutiny from regulators and it is critical that your organization is not only being proactive about creating a company culture of marketing compliance, but is “audit-ready” at any time. In a recent webinar, special guest, Mitch Kider, Chairman and Managing Partner at Weiner, Brodsky, Kider PC shared how to ensure your organization avoids potential compliance pitfalls and is prepared for an audit.  

Policies and Procedures

First, ensure your organization has adequate policies and procedures in place, including what your marketing can entail, what media your loan officers (LOs) and others can use, and what is and is not permissible based on federal and state laws.

Implementation of Policies and Procedures

The regulators expect that your organization has policies and procedures in place. If you’re audited, they will want to know how you’re implementing these policies and procedures.  

Kider says the “very best practice” in regards to marketing compliance is that you centralize your compliance review of all marketing materials, including co-marketing, social media, web advertising, print media and all things marketing.  

Your compliance department needs to be able to review and approve all marketing materials before anything goes out the door. Kider notes that companies really start to get into trouble when the compliance review of marketing materials is not held within a central system of record.

Biggest Audit Pitfalls for Lenders

So you think you’re prepared for an audit…  

Kider notes there are two main areas that present the biggest potential pitfalls for lenders when it comes to dealing with an audit:  

  1. Not being able to deliver the advertisements, marketing programs, scripts and other marketing materials on a timely basis.
    • Regulators expect you can hand marketing and advertising materials they request over to them within five days, and typically sooner. Laws require that you maintain these materials and that they be easily and quickly accessible to auditors. Ensure you have your marketing materials in a centralized repository so they can be easily given to regulators.
    • Kider’s “very best practice” of centralizing your compliance review of all marketing materials will support this quick turnaround to auditors.
  2. Not having full visibility into what every LO and branch manager is doing from a marketing and advertising perspective in the field.
    • If a lender can’t control “rogue marketing” where LOs and branch managers are sending out marketing materials without compliance approval, they have a compliance management system problem. Put simply – your system has failed. Lenders must train, educate and discipline (if necessary) their LOs and branch managers because the potential liability of “rogue marketing” is “spectacular,” according to Kider.

It is not enough to have policies and procedures in place – this is expected. If your organization is audited, regulators will want to see how you are implementing these policies and procedures.  

Kider’s “very best practice” to centralize the compliance review of all marketing materials will help you avoid the two major pitfalls of an audit: not being able to deliver marketing materials fast enough to auditors and not having full visibility into marketing activities happening in the field. Centralizing your compliance review of all marketing materials into a system of record for all marketing and compliance will make everything easily accessible and deliverable to auditors, proving your organization has processes in place and is implementing them.

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But here’s the thing: we’re at a turning point. What got us here, the strategies that helped us retain and grow in the past, are no longer good enough. You might say it is necessary, but not sufficient, and the cost of waiting is higher than the cost of change. The forces reshaping our industry aren’t on the horizon; they’re sitting at the table. AI technologies, increasingly complex compliance, mergers and acquisitions, shifting consumer demands. It’s not a question of whether we’ll adapt, it’s whether we’re adapting fast enough.  

That’s why, at Accelerate, Joe and I introduced the concept of the “new necessary” as part of our Aim Higher conference theme. Staying relevant (and competitive) requires more than awareness, automation, or clever content. It requires deep, enterprise-ready context that powers systems of intelligence and action. Systems where originators and AI work together in sync—always on, highly consistent, endlessly scalable. Your feedback, and the results we’ve seen so far, tell me we’re on the right track. And. Have a lot to do!

Throughout the conference, I spoke about four pillars of focus: Strengthening the Foundation, Customer IQ, Lead Management, and AI. Here’s a quick tour.

Strengthening the Foundation

This year, we doubled down on the foundation of Total Expert: improving core capabilities, enhancing performance, expanding our ecosystem, evolving user experience. At Accelerate, we demonstrated real progress: faster email delivery, more tools to utilize SMS, automated marketing packages, Sales Manager Dashboards, and new integrations. That’s great progress. More is necessary. We are on it!    

Customer IQ

Agentic AI enables business value when it’s fueled by rich, accurate, and timely context.  The insights and enrichment from Customer Intelligence is necessary and drives great business outcomes. However, more is needed to take full advantage of what’s possible with AI Agents acting as high-performing members of your team rather than wasting time and money on bland generic agents operating with limited context.

That’s why we announced Customer IQ. We are deepening our commitment to dramatically increase context across four dimensions; enrichment and insights, consent, contact/customer information, and relationship history.  As an early example, in December we’ll be releasing new capabilities to enable the collection and aggregation of consent from multiple systems directly into Total Expert. That means our AI Sales Assistant can instantly understand consent and act on it- accurately and efficiently. More context expansions are already queued up for 2026.

Lead Management: Reimagined

We’re launching the first release of our revamped Lead Management in February. This isn’t just a tune-up; it’s a rebuild. From lead ingestion and routing policies to loan officer workflows, admin tools, journey orchestration, and analytics—this release sets the stage for what’s coming next. And it’s just the beginning. Stay tuned for more updates soon.

Agentic AI and AI Services

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Why this Matters

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This is the new necessary.  

I’m incredibly fired up about our vision, our momentum, our roadmap, and the amazing work we get to do alongside our clients, partners, and teammates. At the end of the day, it’s not about the technology. It’s about the business value it enables. The customers who are leaning into what we’re building are becoming more competitive. Those that aren’t risk falling behind.

I hope that Accelerate, this post, and our community give you the inspiration and insights you need to chart your next steps toward the new necessary—the why, the how, and the when.  

Thank you, as always, for your feedback, your drive, and your partnership. Let’s keep moving toward the perfect customer journey!

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But how are they doing it in a financial landscape where consumers have more choices and competitors aren’t just in the building across the street?

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Borrowers expect to feel “known” across every channel; they want the same feeling of 1:1 personalization at every touchpoint. And it’s becoming a genuine challenge for smaller lenders to juggle all the information and orchestrate these hyper-personalized omnichannel experiences.

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More and more credit unions and community banks are turning to data-driven, tech-enabled strategies to complement—not replace—their personal relationships with borrowers. We’ve seen smaller lenders have tremendous success with Customer Intelligence and our dynamic, automated Journeys because they:

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Measuring time-to-value in weeks, not years

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Smaller lenders driving big value: Customer Intelligence case studies

Dart Bank

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Tucson Federal Credit Union (TFCU)

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Family Savings Credit Union

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Horicon Bank

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Catch the full conversation on Dark Matter Technologies' website >

Unlocking the Mortgage Ecosystem

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