VwD Compliance Violations Criteria

Financial (FINRA, TILA, Regulation N) Compliance

Ensures adherence to financial regulations, including FINRA guidelines, the Truth in Lending Act (TILA), and Regulation N. It focuses on transparent advertising, accurate financial disclosures, and ethical marketing of financial products and services. By promoting compliance, the framework safeguards consumer trust and prevents deceptive or unfair practices in financial promotions.

 

FTC (Federal Trade Commission) Compliance

Ensures adherence to FTC regulations and guidelines governing advertising, marketing, and business practices. Focuses on preventing deceptive, unfair, or fraudulent practices in the promotion of products and services. Emphasizes transparency, accurate disclosures, and ethical conduct to protect consumer interests and maintain trust in the marketplace.

 

Healthcare (FDA, HIPAA, Anti-kickback statute, etc.) Compliance

Ensures adherence to regulatory standards governing the healthcare industry, including FDA guidelines, HIPAA privacy and security rules, and the Anti-Kickback Statute. Focuses on promoting transparency, ethical practices, and legal compliance in the marketing, handling, and provision of healthcare products and services. Protects consumer trust by safeguarding patient data, ensuring accurate claims, and preventing deceptive or illegal practices in healthcare-related communications.

Misleading or Exaggerated Claims

Focuses on identifying and preventing the use of misleading, false, or exaggerated statements in the marketing and promotion of financial products and services. Ensures that all claims made in advertisements, disclosures, or promotional materials are accurate, verifiable, and not deceptive.

Partnership Non-disclosures in text

Focuses on ensuring transparency in the disclosure of partnerships, affiliations, or sponsorships in marketing and promotional materials. Requires that all material relationships influencing endorsements, reviews, or promotions are clearly and conspicuously disclosed. Emphasizes compliance with FTC guidelines to prevent deceptive practices and maintain consumer trust.

Personal Health Information (PHI) disclosures

Focuses on ensuring the protection and compliant handling of Personal Health Information (PHI) in accordance with HIPAA regulations. Requires that PHI is disclosed only with proper authorization and for permissible purposes, safeguarding patient privacy and confidentiality. Emphasizes adherence to legal standards to prevent unauthorized disclosures and maintain trust in healthcare communications and practices.

Testimonials and Endorsements

Focuses on ensuring the truthful and transparent use of testimonials and endorsements in the marketing of financial products and services. Requires that all testimonials reflect genuine experiences, endorsements are not misleading, and any material connections between endorsers and the company are clearly disclosed. Promotes compliance with regulatory standards to maintain consumer trust and prevent deceptive practices.

Partnership non-disclosures in images/videos

Focuses on ensuring transparency in the disclosure of partnerships, affiliations, or sponsorships in marketing and promotional materials. Requires that all material relationships influencing endorsements, reviews, or promotions are clearly and conspicuously disclosed. Emphasizes compliance with FTC guidelines to prevent deceptive practices and maintain consumer trust.

Potentially Misleading Information

Focuses on identifying and preventing the dissemination of information that could mislead consumers about healthcare products, services, or outcomes. Ensures that all claims are accurate, substantiated, and presented in a manner that avoids creating false impressions. Promotes compliance with healthcare regulations to protect consumers and uphold ethical standards in healthcare communications.

Performance Figures

Focuses on ensuring the accurate and transparent presentation of performance figures in the marketing of financial products and services. Requires that all performance data, projections, and historical returns are clearly disclosed, verifiable, and not misleading. Emphasizes compliance with regulatory standards to provide consumers with a fair and balanced understanding of financial performance and prevent deceptive or exaggerated claims.

Potentially Misleading or Exaggerated Content

Focuses on identifying and mitigating content that could mislead or exaggerate the benefits, features, or outcomes of products and services. Ensures that all claims are substantiated, accurate, and presented in a manner that does not create false impressions. Promotes adherence to FTC guidelines to protect consumers and uphold ethical marketing practices.

Non-approved Product Use

Focuses on ensuring compliance with regulations governing the promotion and communication of product uses that have not been approved by the FDA or other regulatory bodies. Prohibits marketing or suggesting off-label uses that lack proper authorization and substantiation. Promotes adherence to legal and ethical standards to safeguard consumer safety and trust in healthcare communications.

Comparative and Hypothetical Statements

Focuses on ensuring the accuracy and fairness of comparative and hypothetical statements in the promotion of financial products and services. Requires that comparisons are based on factual, verifiable data and that hypothetical scenarios are clearly labeled, realistic, and not misleading. Emphasizes transparency and compliance with regulatory standards to prevent deceptive claims and provide consumers with a balanced perspective.

Personalized Advice

Focuses on ensuring the accuracy, transparency, and compliance of personalized recommendations or advice provided to consumers. Requires that advice is tailored to the individual's specific circumstances and needs, avoiding deceptive or exaggerated claims. Promotes adherence to FTC guidelines to maintain consumer trust and support ethical advisory practices.

Non-accessible content

Focuses on ensuring that all healthcare-related content is accessible to individuals with disabilities, in compliance with regulations such as the Americans with Disabilities Act (ADA). Requires the use of inclusive design practices, including readable text, alternative formats, and assistive technology compatibility. Promotes equal access to information, fostering inclusivity and compliance with accessibility standards.

Reference to FINRA Membership

Incorrect or misleading statements about FINRA membership, implying approval or endorsement by FINRA.

Kids oriented content (COPPA compliance violations)

Focuses on ensuring adherence to the Children’s Online Privacy Protection Act (COPPA) in the creation and promotion of content aimed at children under 13. Requires that personal information is collected, used, and disclosed in compliance with COPPA regulations, with appropriate parental consent where necessary. Emphasizes protecting children’s privacy and preventing deceptive or unethical practices in marketing and online interactions.

Clinical Inaccuracy

Focuses on identifying and preventing the dissemination of inaccurate or unsubstantiated clinical information in healthcare communications. Ensures that all medical claims, data, and references are evidence-based, peer-reviewed, and compliant with regulatory standards. Promotes consumer safety and trust by upholding the accuracy and reliability of clinical content.

Personalized Advice

Focuses on ensuring the accuracy, appropriateness, and compliance of personalized financial advice provided to consumers. Requires that any tailored recommendations are based on a thorough understanding of the consumer's financial situation, needs, and objectives, while avoiding misleading or overly optimistic guidance. Emphasizes adherence to regulatory standards to safeguard consumer trust and promote ethical practices in financial advising.

Data Privacy

Focuses on ensuring the responsible collection, use, and protection of consumer data in compliance with privacy regulations. Requires transparency in data handling practices, safeguarding personal information, and obtaining appropriate consent for data usage. Emphasizes adherence to legal and ethical standards to maintain consumer trust and prevent unauthorized or deceptive practices involving personal data.

Information Limitations Non-disclosure

Focuses on ensuring transparency by disclosing any limitations or constraints in the information provided about healthcare products, services, or outcomes. Requires clear communication of factors such as incomplete data, conditional results, or specific context restrictions. Promotes compliance with regulatory standards to prevent misinterpretation and maintain trust in healthcare communications.

 

Copyright Compliance

Creators must ensure their content adheres to copyright laws and YouTube’s copyright policies. Videos should not include copyrighted materials such as music, video clips, or images without appropriate permission or licensing. Fair use may apply in certain cases, such as commentary, criticism, or transformative works, but creators should clearly document their rationale to avoid disputes. Misuse of copyrighted content can result in content strikes, demonetization, or video removal.

 

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