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FINRA 2210 and AI-generated communications.

FINRA's communications rules apply whether a message is written by a person or generated by AI. Member firms remain responsible for ensuring that AI-generated communications meet applicable FINRA standards.

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What the rule requires

FINRA Rule 2210 governs member firms' communications with the public. It separates written communications into three categories: correspondence, retail communications, and institutional communications. How a communication is classified affects the approval, review, and recordkeeping requirements that apply to it.

The rule also establishes standards for what those communications can say. Communications must be fair and balanced and give investors a sound basis for evaluating the facts. They cannot make false, exaggerated, unwarranted, promissory, or misleading claims. Firms also cannot leave out material information when doing so would make a communication misleading. Rule 2210 generally prohibits predictions or projections of investment performance, subject to specified exceptions.

Using AI does not remove those obligations. FINRA has specifically stated that Rule 2210's content standards apply whether a firm's communication is generated by a human or a technology tool. When firms use generative AI to create or assist with customer communications, FINRA expects those communications to comply with applicable securities laws, regulations, and FINRA rules.

Where AI breaks it

An AI assistant overstates an investment. A model generating promotional copy could describe an investment as guaranteed or certain to outperform. Rule 2210 prohibits false, exaggerated, unwarranted, promissory, or misleading claims.

A chatbot leaves out important context. An AI response could emphasize an investment's potential benefits without including material risks or qualifications. Rule 2210 requires communications to provide balanced treatment of risks and potential benefits and prohibits omissions that make a communication misleading.

An AI draft predicts future returns. A model could turn historical performance or other information into a prediction about what an investment will return next year. Rule 2210 generally prohibits predictions or projections of investment performance, subject to specified exceptions.

Enforced, live

ZeroDrift

//1

AI Draft

"This fund will deliver 12% returns next year."

//2

Verdict

Fix

//3

Rule Cited

FINRA Rule 2210

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Safe Output

"The fund returned [X%] over [period].
Past performance does not guarantee future results.
See [link] for standardized performance information."

Covered by

US Securities rulepack

FINRA 2210 is covered by the US Securities rulepack. Activate the rulepack in Policy, and Anchor enforces it on AI-generated and AI-assisted communications before they ship.

Frequently Asked Questions

Does FINRA Rule 2210 apply to AI-generated communications?

Yes. FINRA has stated that Rule 2210's content standards apply whether a member firm's communications are generated by a human or a technology tool. Using generative AI does not remove the firm's existing obligations under applicable FINRA rules.

What does FINRA Rule 2210 require?

Rule 2210 governs communications with the public and establishes requirements for their approval, review, recordkeeping, filing, and content. Its content standards require communications to be fair and balanced and prohibit false, exaggerated, unwarranted, promissory, or misleading claims. The rule also generally prohibits predictions or projections of investment performance, subject to specified exceptions.

Do AI-generated communications require principal approval before they are sent?

Not always. The requirements depend on how the communication is classified and whether an exception applies. Rule 2210 generally requires an appropriately qualified registered principal to approve retail communications before the earlier of use or filing, but the rule contains exceptions. Correspondence and institutional communications are subject to different review and supervision requirements.

Does FINRA Rule 2210 apply to AI chatbots?

It can. FINRA says chatbot communications can fall within the definitions of correspondence, retail communications, or institutional communications depending on how they are distributed and who receives them. Firms must apply the supervision, review, recordkeeping, and content requirements that are relevant to the communication.

Every rule, enforced before it ships.

Activate a rulepack in Policy, or upload your own.
Anchor enforces it on everything AI says.