policy — Banking.com

Social Media Regulation – Part I: Adapting to New Policies

This is Part I of a two part post on American Banker’s “Banking Regulatory Update: New Social Media Rules” webinar. You can view Part II here.

Last week, the Banking.com team sat in on American Banker’s webinar, “Banking Regulatory Update: New Social Media Rules,” which detailed the current policies around social media use by financial institutions. Moderated by American Banker’s own Penny Crosman, the panel of presenters included:

Mercedes Kelley Tunstall, Of Counsel, Ballard Spahr
Carl Pry, Senior Director, Treliant Risk Advisors
Jonathan Foxx, President and Managing Director, Lenders Compliance Group

With content ranging from how to establish a corporate social media policy, general best practices for social media, and analyzing the FFIEC guidance and call for feedback on social media regulation, we wanted to take a deeper dive on the content and connect with some of the experts ourselves. We first spoke with webinar moderator, Penny Crosman, editor in chief of Bank Technology News and technology editor of American Banker.

Q: What social media policies have you seen banks and credit unions using that you think are effective?

Most of the social media policies I know of are dry, legalistic, and boilerplate. The policies drafted by large banks and Wall Street firms seem to be draconian – many don’t allow employees to even access social media sites (except for a few people who work in customer service and marketing). One reason for this is SEC rules that require banks to archive all emails – messages stored on social networks are difficult for a bank to monitor and store. The employees of these companies sometimes use their personal smartphones and tablets to access the sites. I know of Wall Street executives who have Twitter streams under aliases and protect their streams from being viewed by any but their close friends. Commonwealth Bank of Australia last year came out with a harsh policy that insisted that employees report “inappropriate or disparaging content and information stored or posted by others (including non-employees) in the social media environment” or risk being fired. These are examples of going overboard. Banks and credit unions need to find a way to comply with the necessary rules, yet encourage natural, positive engagement on social media. Citi, for one is finding success using software to identify and catch potential rule violations and route those to its legal group, while encouraging its customer services people to maintain friendly and helpful conversations with customers on Twitter and Facebook. I think more banks will turn to software to handle policy compliance, rather than expecting employees to keep all the rules in their heads.

Q: Do you think banks and credit unions are quickly learning how to adapt to these regulations?

Banks and their compliance departments are keeping a close eye on these regulations and are sure to have their own policies in place when the FFIEC publishes its final rules. They are already used to complying with the many existing consumer protection laws the FFIEC cites in its guidance. What some of them may end up doing is freezing all social media activity until they get their policies finalized and employee training conducted.

Q: What would you recommend as the first step for banks to develop social media policies and practices?

I think the logical first step would be to canvass all current social media activity – review all social media pages the bank maintains and ask employees what they’re doing on their own. The second step would be to hire or consult with a good lawyer who can parse out which aspects of the rules apply to the bank’s activities and help create a policy that would enable compliance.

Q: How do you think upcoming Facebook payments capabilities will affect banks’ interactions with social networks?

I think banks may eventually get involved with payments over social networks, but they may be the last to the party, largely because of the regulations they need to be careful of, such as the Electronic Funds Transfer Act. There are also security issues with social media payments, as social passwords are pretty easy to game. Authentication will be tricky and important. I expect banks will be very cautious about this.

Interested in hearing more? Check out Part II with our interview with Carl Pry, Senior Director, Treliant Risk Advisors who spoke to us about how he counsels financial institutions on their social media activities.

Social Media Regulation – Part II: Creating Your Social Media Policy

This is Part II of a two part post on American Banker’s “Banking Regulatory Update: New Social Media Rules” webinar. You can view Part I here.

Mercedes Kelley Tunstall, Of Counsel, Ballard Spahr
Carl Pry, Senior Director, Treliant Risk Advisors
Jonathan Foxx, President and Managing Director, Lenders Compliance Group

Much of the content of the webinar dissected the implications of the FFIEC’s proposed guidance and how financial institutions can comply. As regulators are looking for feedback on the guidelines by March 23, we spoke to Carl Pry, Senior Director, Treliant Risk Advisors, to hear how FIs are currently reacting to the guidance.

Q: What have you seen as the number one risk management issue for financial institutions on social? Can you elaborate on a way to avoid this situation?

The most critical risk management issue for banks regarding social media is the lack of awareness and oversight. Many institutions are taking a wait-and-see approach when it comes to social media, to their detriment. Institutions that don’t address this issue in the present are missing an opportunity to connect with a demographic we all want to reach: the young and technologically capable. But the risk comes when taking a hands-off approach results in the illusion that the institution is simply not participating in social media. Chances are that you are – your employees are – using social media every day. Without a clear social media policy and procedures, without guidelines on what can and cannot be said, you may be violating certain laws and regulations without even knowing it.

Avoiding this situation means getting ahead of the curve by formulating and implementing clear company-wide policies and procedures addressing social media. They should be comprehensive and deal with both company and employee usage of social media. Also, set clear guidelines for consumers and your customers who utilized your bank’s social media sites, as well.

Q: Do you think banks and credit unions should use Twitter and Facebook as customer service channels at all? Why?

Absolutely, although within limits. These are channels your customers are already using in their everyday lives, so why ignore them? They have the advantage of providing more immediate responses than snail mail, that’s for sure. But be aware of the limitations of social media, such as the 140-character limit of Twitter. Can you say what you want to say within 140 characters? For customer service usage, also understand what different social media sites do. You might not want to broadcast specific responses to the masses. Know the way these channels operate and coordinate your responses accordingly.

Q: Do you have any tips for HR policies or training for employees using social media?

Most importantly, make clear to employees what the parameters of usage are. Not how much time they spend on social media, but content of postings. If an employee is posting anything on behalf of the bank, make sure it is subject to the same control and review mechanisms you’d employ for any other sort of communication (such as email). But also be clear as to the expectations of employees posting things on their own accounts regarding their employment or the institution’s products and services. They should know the limits of what not to say, and that if they discuss the bank’s business, all appropriate legal and compliance requirements likely apply.

To hear more, check out Part I and our interview with Penny Crosman, editor in chief of Bank Technology News and technology editor of American Banker who shared her thoughts on banks adapting to new guidelines and regulation.

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