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Advertising & Marketing Compliance for Consumer Finance

In consumer finance, marketing is where regulators look first. Enforcement actions are built on screenshots, a headline promising a result, a disclosure below the fold, a funnel that captures consent for something the consumer did not understand. Shipkevich PLLC reviews the marketing that consumer finance companies actually run and helps build the review process that keeps the next campaign out of trouble.

Creative and website review. We review advertisements, landing pages, quiz and intake funnels, email and SMS campaigns, social video, and influencer and affiliate content, in English and Spanish, and deliver specific, usable findings, the claim that needs substantiation, the disclosure that needs to move, the language that needs to change, rather than general cautions. We also review terms of use, privacy policies, and consent language, including for AI driven features and chat interfaces.

Claims and disclosures. Savings and results claims, testimonials and endorsements, “no cost” and “free consultation” framing, comparison claims, and urgency devices all carry substantiation and disclosure obligations under the FTC Act, the Telemarketing Sales Rule where applicable, and state consumer protection statutes. Subscription and auto-renewal billing carries its own rules. We advise on what a company can say, what it must say alongside it, and how to document the substantiation before the campaign runs.

Lead generation and affiliate agreements. Marketing risk in this industry usually enters through a vendor. We negotiate lead purchase, affiliate, and marketing partnership agreements with consent and compliance representations, documentation and audit rights, content approval requirements, indemnification that reaches defense costs, and clear allocation of liability for the calls, texts, and claims made by someone else in the client’s name.

Training and process. We deliver practical marketing compliance training to executive and marketing teams and help build the internal review workflow, who signs off, what gets documented, and how creative changes are tracked, that makes compliance repeatable rather than episodic.

Representative Experience

  • Conducted a compliance review of Spanish-language social media video advertising for a consumer finance company, delivering written findings for each creative together with required disclosure language, followed by a full website review.
  • Reviewed landing pages, quiz style intake funnels, terms of use, and privacy policies for an AI driven consumer finance platform, and advised on consent and disclosure language for AI-powered features before launch.
  • Delivered marketing do’s and don’ts compliance training to the executive team of a national debt resolution company covering online advertising practices.
  • Negotiated lead generation and marketing partnership agreements for consumer finance companies, structuring indemnification and consent documentation provisions to manage telemarketing litigation exposure.
  • Advised a data and analytics company on the state by state litigation risk of using credit data driven marketing to route consumers between loan offers and debt settlement programs.

Key contact: Felix Shipkevich, Founder and Principal. Special Professor of Law at the Maurice A. Deane School of Law at Hofstra University; Arbitrator, National Futures Association Board of Arbitrators (since 2006). Read full bio. To schedule a consultation, call (212) 252-3003 or contact the firm.

Related practice areas: TCPA Compliance Counseling & Consent Programs · TCPA & Telemarketing Compliance · Debt Relief & Debt Settlement · Consumer Lending & Loan Broker Licensing · Compliance & Advisory