Can You Say That? What’s Actually Allowed in Advisor Marketing: A Conversation with Ted McCutcheon

When it comes to regulatory risk, few areas are more visible, or more scrutinized, than marketing.In this episode of The Wealth Horizon Podcast, Rosemary Denney is joined by Ted McCutcheon, founder of Securities Law Counsel, to explore how registered investment advisors can communicate with confidence while staying in bounds with the SEC. With more than two decades of experience spanning enforcement, in-house roles and outsourced compliance, Ted offers a rare 360-degree view of what good marketing compliance actually looks like.Their conversation covers the most frequent missteps RIAs make: relying on outdated assumptions, using overly polished language or treating compliance as a separate function rather than a shared responsibility. Ted also breaks down the current SEC rules on testimonials, third-party rankings and performance advertising, clarifying what firms can do and where caution is still needed.Ted offers a practical perspective on how marketing and compliance can support one another when approached thoughtfully to help firms communicate clearly while minimizing regulatory risk.In the episode, Ted and Rosemary go over:Why compliance shouldn't be siloed, and how to integrate it across functionsHow to approach marketing materials without attracting regulatory scrutinyWhat's really allowed when it comes to testimonials, ratings and performance claimsWhere AI fits into the SEC's focus (and where it might be headed next)How to use the SEC's April 2024 Risk Alert as a practical guide for your teamThis episode offers clear guidance for advisors who want to communicate effectively without crossing regulatory lines, especially when developing websites, pitch materials or broader messaging.