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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AI is no longer a future state—it’s already here, embedded in everything from ride-sharing apps and food service to factories and farms. In the world of financial services, though, this ubiquity comes with pressure to integrate AI fast, appear innovative, and keep up with competitors—all while being mindful of evolving federal and state compliance requirements. Moving fast without a plan or awareness of up and downstream implications often leads to AI-enabled solutions that either underdeliver or don’t deliver at all.

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Where enterprise AI goes wrong

Too many financial services leaders have experienced what I call “AI failure to launch (and scale).” They’ve rushed to try unintegrated AI-enable offerings and bolt on AI tools—often generalist chatbots, white-labeled versions of generative tools, and/or hooking up to MCP servers—without a clear sense of how these tools will solve their business problems or add potential risk. The result? The occasional value-add result. However, what we see more is poor user adoption, wasted spend, and limited impact.

This is the same trap we saw with “digital transformation” a decade ago, or the original horizontal SaaS applications that evolved or were replaced by vertical-specific solutions. AI-enabled solutions offer tremendous, generational promise but they risk becoming vanity-first, value-later tools. We are focused on the former.

AI that thinks and adapts: Welcome to agentic AI

Let’s make one thing clear: not all AI is created equal.  

Chatbots have been commonplace in financial services for a decade now, but remain rigid, rule-based tools that handle repetitive tasks.  I’ve worked with “AI” services for more than 15 years and each had their own place and potential when used properly. Herein lies the opportunity. Modern lenders that are focused on retaining and growing their customers in an ultra-competitive market need something more dynamic. Enter AI agents that can understand context, adapt on the fly, and speak in a human-like way. These agents are coachable, brand-aware, and learn from every interaction. They don’t follow scripts—they think in real time. And when built correctly, they become a seamless part of your customer experience.

This is the evolution from AI as a support function to AI as a trusted team member.

Total Expert recently launched an AI Sales Assistant that puts this principle into action. It functions as a scalable, intelligent teammate—able to engage leads, deliver personalized conversations, and identify high-potential opportunities—all while staying aligned with your brand voice and compliance requirements. It’s not a chatbot bolted onto a CRM—it’s a fully integrated AI-enabled solution, utilizing data, embedding within workflow orchestration, and playing nice with application logic because it has the necessary context to work within your lending ecosystem.

The real “why” behind AI adoption

Before choosing any AI solution, or any technology solution, financial services firms must ask themselves: What business problem are we solving?

For example, when mortgage rates dropped for a few weeks in September 2024, our customer intelligence capabilities identified nearly $2 billion in immediate refinance opportunities. But no team of loan officers could scale quickly enough to reach every qualified lead. That’s where AI tools prove invaluable—automating first-touch outreach at scale, surfacing the best opportunities, and empowering human teams to scale up execution to drive retention and growth.

Why embedded beats bolted-on

The types of AI-enabled solutions we are talking about can’t function effectively in isolation. Without access to timely and accurate customer data, and invoked within a specific workflow process, it can’t personalize interactions, anticipate needs, or drive conversions at the right time.

Picture an AI assistant offering a refinance to a customer, only to stall when asked for more details. If it doesn’t know the customer’s current rate or financial profile, the experience feels hollow. That’s not just ineffective—it damages trust.

By contrast, when AI-enabled solutions are embedded within a unified customer experience platform like Total Expert, it draws on a 360-degree view of the customer. It knows the data, understands the history, and delivers contextually rich conversations that convert.

This is why we’re designing our AI capabilities with a focus on the unique needs of financial services organizations. The same purpose-built approach has earned the Total Expert platform its unmatched reputation for usability and time to value.

Generalist AI offerings can be a gamble that increase costs—and time to value

Implementing AI that’s not purpose-built for financial services introduces two major risks:

1. Usability failure: Your team must spend months customizing and configuring a generalist AI tool to make it work for your specific needs—if it will ever work at all. For example, imagine you’re a loan officer and one of your referral partners introduces you to a borrower. Now, you have to choose the best way to approach the first conversation with this borrower. There are countless permutations of questions and answers which all require deep personalization, compliance awareness, and consistent representation of the sales processes and brand tone of the lender. Generalist AIs will quickly reach their limitations in these complex use cases.

An industry-focused AI offering will be trained on this specific use case and provided with the context needed to hold a dynamic conversation with the borrower. This type of AI learns and adapts with each interaction, performing the most time-consuming tasks so you don’t have to.    

2. Compliance risk: Without built-in industry guardrails, you’re gambling with regulatory violations and brand safety.  As we know, the compliance landscape for financial services is broad and evolving at the federal and state level.  Look for AI offerings that are regulatory aware and enable you to configure them based on your organization’s risk tolerance and interpretations.

Lenders don’t need more tools—they need the right tools—ones that work out of the box, understand industry nuances, and deliver immediate, compliant value.

Ask these questions before you commit to an AI offering  

To maximize the probability of success, here’s a quick checklist for vetting solutions:

  • Can it solve a real, high-value business problem, and how? Review specific examples and ask to speak with other organizations that have implemented the tool.
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  • Can it be deeply integrated into your core system(s), workflow orchestration, and data?
  • Does it include financial industry compliance and brand guardrails?
  • Can it scale without sacrificing quality or regulatory integrity?

Building the future with purpose-built AI

Total Expert has always designed technology with financial services in mind, and our approach to utilizing AI is no different. We’re not chasing hype. We’re solving problems.

Our focus on AI isn’t simply building standalone features—it’s about embedded, intelligent, and deeply integrated AI solutions. It’s helping lenders scale smarter, engage more meaningfully, and turn data into action. Our AI Sales Assistant is just the beginning—an example of how purpose-built, AI-enabled solutions can solve real problems and deliver tangible value. We are already testing and exploring other AI-enabled solutions and I could not be more excited about the current and potential value our clients and our market will achieve.

Because when AI works, it’s not just impressive—it’s indispensable.

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