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Understanding Compliance Risk Levels

All the basics on how Compliance Risk Levels work and which regulations they include.

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Written by Amy Blakemore

When a marketing asset is analyzed by Persado, it gets three scores: performance (how well the language is likely to drive the desired action), brand alignment (how closely it matches the brand's voice), and compliance risk (which phrases may breach applicable regulation, and how seriously).

This article documents how Persado arrives at the compliance risk level you see in Portal and which regulations are checked per region. Think of this as your behind-the-scenes look!

How Risk Levels Work

Compliance risk levels appear in Portal alongside regulated content, with a low, medium, or high risk rating and a summary of the risk and suggested updates. Persado supports the regulatory frameworks of the US, UK, and France today, and our current scope is primarily consumer (B2C) regulation.

Here’s how we arrive at a risk score:

  • The asset runs through a workflow of several AI models combined with rules-based components.

  • Each phrase is checked against Persado's index of applicable regulations, plus (if you’ve provided them) your own compliance inputs, such as your interpretations of regulations, examples of compliance feedback on previously approved content, and your disclosures.

  • The risk level shown depends on the type of regulation the phrase may breach, the risk to consumers, and the penalties for that kind of violation:

    • Observations marked with a low-level risk regard minor issues. This could be related, for instance, to the wording of a sentence for which more compliant alternatives can be picked.

    • A risk characterization of medium pertains to serious considerations regarding the alignment of the content with related regulations, but that can be resolved with moderate effort.

    • High-level risks highlight threats of regulation breach with severe consequences.

What Risk Levels Are Not

Risk levels are not a substitute for formal legal and compliance review: final compliance decisions stay with your legal and compliance teams. These risk levels give marketers a preview of potential legal and compliance concerns before they submit for review, so they can address issues up front and improve the odds of approval the first time.

Users decide whether to act on any flagged risks and can edit the language directly in the platform. Risk levels update automatically with each edit and cannot be manually changed.

Where You’ll See Risk Levels

Risk levels will appear in a few different places once you’ve opted to turn them on with the Persado team:

  • Alongside self-service content you generate or improve, whether in Persado Studio or via our MCP

  • Any time you run a single creative analysis

  • When Persado provides Predictive Content for you via our managed services

  • When you’re conducting a Market Scan and would like compliance risk levels reflected as well (optional to turn on).

Regulations Checked

Our AI automatically checks for the following at a minimum. We monitor for regulatory updates monthly, and update the index on an ongoing basis.

If you have restrictions for your brand in addition to these, provide them to the team so we can customize your instance of Persado Portal.

US Regulations

  • FTC Act (Section 5): Federal Trade Commission Section 5 prohibits ‘‘unfair or deceptive acts or practices in or affecting commerce.’’ The prohibition applies to all persons engaged in commerce, including banks.

  • UDAAP/UDAP: Unfair Deceptive and Abusive Practices says that financial service institutions cannot coerce or deceive consumers into making unwanted purchases and are prohibited from making misleading statements about products and services to consumers.

  • ECOA (Regulation B): Equal Credit Opportunity Act Regulation B protects applicants from discrimination in any aspect of a credit transaction.

  • TILA (Regulation Z): Truth in Lending Act Regulation Z protects people when they use consumer credit. Consumer credit includes: Mortgage loans, Home equity lines of credit, Reverse mortgages, Open-end credit, Certain student loans, Installment loans. Annual percentage rates, Credit card disclosures, Periodic statements, Mortgage loan disclosures, Mortgage loan servicing requirements, and Mortgage loan appraisal requirements.

  • TISA (Regulation DD): The Truth in Savings Act Regulation DD helps consumers make more informed decisions about their deposit accounts by requiring institutions to provide uniform disclosures. It requires disclosures about Annual percentage yield (APY), Interest rates, Minimum-balance requirements, Account-opening disclosures, and Fee schedules.

  • FCRA (Regulation V): Fair Credit Reporting Act Regulation V protects the privacy of consumer information and ensures the accuracy of credit reports. Regulation V gives consumers the right to initiate a formal dispute if they feel that their credit information has been inaccurately entered or improperly handled by a financial institution.

  • CAN-SPAM: The Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have you stop emailing them, and spells out tough penalties for violations.

  • CARD Act (Amendment to TILA): The Credit Card Accountability and Disclosure Act of 2009 (CARD Act) establishes various protections for cardholders, especially around how and when card issuers can charge interest and fees.

  • Regulation E: Regulation E protects consumers when they use electronic fund and remittance transfers.

  • GLBA: The Gramm-Leach-Bliley Act requires financial institutions—companies that offer consumers financial products or services like loans, financial or investment advice, or insurance—to explain their information-sharing practices to their customers and to safeguard sensitive data.

  • Fair Housing Act (FHA): The FHA makes it illegal to discriminate during the sale, rental, or financing of housing. It protects people based on race, color, religion, sex, national origin, familial status, and disability.

  • HMDA: The HMDA requires many financial institutions to maintain, report, and publicly disclose loan-level information about mortgages.

  • CCPA/CPRA: The California Consumer Privacy Act/California Privacy Rights Act (CCPA/CPRA) enhances consumer privacy rights by giving CA residents control over their personal data and expanding business obligations regarding data collection and sharing.

  • MAP Rule/Regulation N: Mortgage Acts and Practices (MAP) protects consumers from deceptive mortgage advertising by prohibiting misleading claims in mortgage-related ads.

  • RESPA: The Real Estate Settlement Procedures Act (RESPA) provides consumers with improved disclosures of settlement costs and reductions in the costs of closing by the elimination of referral fees and kickbacks. The three main areas it covers are transparency in loan costs, the outlawing of kickbacks, and the regulation of escrow accounts associated with the homebuying process.

  • FTC Act (Endorsements): Federal Trade Commission (Endorsements) prohibits deceptive practices with respect to endorsements. Endorsements are defined as any advertising message (including verbal statements, demonstrations, or depictions of the name, signature, likeness, or other identifying personal characteristics of an individual or the name or seal of an organization) that consumers are likely to believe reflects the opinions, beliefs, findings, or experiences of a party other than the sponsoring advertiser, even if the views expressed by that party are identical to those of the sponsoring advertiser.

UK Regulations

  • FCA Principles for Businesses (PRIN 7): Requires all financial promotions to be clear, fair, and not misleading.

  • Consumer Duty (PS22/9): Imposes a higher standard of care for retail customers. Content must enable informed decisions and prevent foreseeable harm.

  • Consumer Credit sourcebook (CONC): Regulates how firms communicate consumer credit products to ensure promotions are clear, fair, and not misleading.

  • Mortgage Conduct of Business (MCOB): Sets rules for how mortgage and home finance products must be advertised, ensuring information is accurate, balanced, and understandable.

  • Financial Services and Markets Act 2000 (FSMA): Prohibits unauthorised financial promotions. All regulated content must be reviewed or approved unless exempt.

  • UK GDPR & DPA 2018: Applies to any use of personal data in marketing, sets standard for data protection rights, more specifically ensuring the presence of compliant opt-out mechanisms, as well as transparency and the data subject’s right to be informed.

  • Privacy and Electronic Communications Regulations (PECR): Governs email, SMS, cookies, and direct marketing communications. Enforces consent and unsubscribe rules.'

  • ASA CAP Code (Advertising): Applies to non-broadcast marketing including email, social, and display. Ensures content is not misleading or irresponsible.

French Regulations

  • Code de la Consommation: Sets general consumer protection rules, ensuring financial ads in France are clear, fair, and not misleading.

  • Code Monétaire et Financier: Governs investment products, including rules on how they can be promoted to the public.

  • Règlement Général de l’AMF: Provides specific French regulatory standards for financial advertising, ensuring accuracy, balance, and risk disclosure.

  • GDPR (Règlement Général sur la Protection des Données): Applies to any use of personal data in marketing, sets standard for data protection rights, more specifically ensuring the presence of compliant opt-out mechanisms, as well as transparency and the data subject’s right to be informed.

  • Markets in Financial Instruments Directive 2014/65/EU (MiFID II): Imposes strict transparency and investor protection requirements on financial promotions and communications.

  • Commission Delegated Regulation (EU) 2017/565: Supplements MiFID II with detailed rules on how the information must be presented, including marketing materials, to clients.

  • Code des Postes et des Communications Électroniques (CPCE): Sets rules for electronic communications, including consent (more specifically the presence of an effective and accessible opt-out mechanism) and conditions for sending financial marketing messages.

  • Code des Assurances: Regulates insurance advertising, requiring clear, truthful information and appropriate disclosure of policy terms and risks.

  • ACPR Recommendations: Soft law issued by the Autorité de contrôle prudentiel et de résolution to ensure marketing materials are clear, fair, and not misleading, detailing how to achieve the greatest level of compliance.

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