The SEC censured and fined a robo-adviser for several compliance violations related to client account management and marketing. The SEC alleges that software programming errors caused the respondent’s failure to execute tax loss harvesting without violating the wash sale rules, contrary to marketing materials. The SEC also asserts that the firm retweeted client testimonials and other positive tweets made by those with an economic interest including employees, investors, and paid tweeters. Additionally, the SEC maintains that the firm failed to provide the necessary disclosure to clients about payments to bloggers to refer the clients to the respondent. The SEC charges the firm with failing to implement a reasonable compliance program in addition to violations of the antifraud rules and the recordkeeping rules.
We think robo-advisers provide innovative services to under-served retail clients. Regardless, as registered investment advisers, robos must conform to the heavily-regulated environment in which they operate. Some of these alleged violations could have been easily avoided with an industry-standard compliance program. We recommend reviewing the SEC’s previously issued regulatory compliance guidance to robo-advisers.