The financial services industry has increasingly embraced social media to stay connected with its customers and prospects. At the same time, financial institutions find themselves facing greater regulatory scrutiny than ever before. The net result is that, while banks and other financial institutions feel increasing pressure to employ social media networks, they must also exercise great care to make sure that their use of Facebook, Twitter, YouTube, Yelp, LinkedIn, and other social media outlets does not conflict with their need to comply with the Real Estate Settlement Procedures Act, Equal Credit Opportunity Act, Truth in Lending Act, Fair Credit Reporting Act, Fair Debt Collection Practices Act, and other applicable legal and regulatory requirements.
The Federal Financial Institutions Examination Council (FFIEC) recently published guidance on social media activity. The FFIEC guidance, which defines social media as “a form of interactive online communication in which users can generate and share content through text, images, audio, and/or video,” can be found at www.ffiec.gov/press/pr121113.htm. Reference to the FFIEC guidance can be helpful for financial institutions in developing policies and procedures to avoid risks related to their social media activities.
