What Do Regulators Consider Advertising?

Do you know what regulators consider an advertising or marketing piece? Is it a friendly email to a customer? A profile questionnaire?  Business letterhead?

You may be surprised to learn what regulators define as marketing and advertising. The following are some of the most common marketing practices that fall under the regulatory requirements:

  • Brochures, circulars, pamphlets and published articles
  • Sales presentations, prepared sales talks, seminars handouts, telemarketing scripts and materials.
  • Guest speaker materials presented at producer-sponsored events
  • Print, Radio, TV and any form of media advertising, including newspaper, magazine, TV, radio, etc.
  • Internet websites and any form of electronic commerce
  • Social Media sites
  • Newsletters, research reports, performance reports or summaries
  • Preselecting, target market or form letters
  • Emails, as well as email signatures, logos, descriptions, titles, services or features
  • Lead cards and lead-generating materials
  • Business cards and letterhead
  • Agent biographies
  • Agent recruiting and training material
  • Sales illustrations
  • Materials used to recruit agents
  • Phonebook or yellow page listings

Some states may have their own specific requirements about what they consider advertising, so this list is not all inclusive.  For example, in California, worksheets and questionnaires or fact finders are included in their definition of “advertising.” If you are unclear on whether something falls within the definition of advertising or need assistance reviewing your materials, please reach out to our compliance team at ComplianceConnection@biltd.com. We are here to help you succeed.


For Financial Professional Use Only – Not For Use With The General Public.