Once again, as Spooky Season rolls around, here at ActiveComply we like to share with the world some findings from our Wall of Shame folder - real social media posts captured in our system that highlight the sometimes darker side of social media advertising in our regulated industry. Findings range from RESPA Section 8 violations, to consumer complaints, to good old fashioned brand reputation issues. Take a peek, if you dare, at these frightening social media violations to ensure similar Social Media Scaries won't haunt your institution!
If gifts are given or accepted as part of an agreement for the referral of business, they are strictly prohibited under RESPA Section 8. In the example below, a loan officer team page notes that they are thankful for their partnership with a specific realtor team. This could be a RESPA concern for the lender depending on how costs affiliated with this event were split and how often these teams refer each other business.
RESPA (the Real Estate Settlement Procedures Act) the federal law established in 1975 to protect homebuyers from predatory lending practices prohibits kickbacks, referral fees, and other bribes between settlement service providers. This has a broad definition for what is considered a Thing of Value. Though golfing might not be everyone's cup of tea, it would certainly be seen as a Thing of Value by a regulator. A post like this can lead to further regulatory investigation.
Social media can be a tricky marketing medium as so often users blur the line between business advertising and personal opinions. The FFIEC has outlined that Reputation Risk is one of the core concerns for institutions on social media. When a financial company’s employee makes potentially discriminatory remarks on social media, consumers begin to wonder if the institution may discriminate against them during the loan process. Regulators seeing similar content could use these types of findings as part of a fair lending examination. Politically charged posts may also serve to alienate whole subsets of consumers that the company would normally have done business with. Brand reputation is one of the most valuable assets an organization has today and once it is compromised, it can be exceedingly difficult to repair. In the examples below, the loan officers post about controversial political topics from business affiliated accounts:
Consumer complaint management is one of the core tenets of a strong Compliance Management System (CMS). It is a regulatory expectation that institutions should establish clear policies and procedures for consumer complaints, including: discovery of complaints, evaluation of the nature of the complaint, prompt response to the consumer, and ongoing reporting to identify systematic trends needing remediation. Consumer complaints are one of the most common reasons an exam may be opened for an institution. In the example below, we see different consumer complaints that have clear TCPA implications. Consumer complaints are a key item of interest to regulators and can be an instigator for the opening of a brand new exam.
You don’t have to become another story in the news, nor reap the negative effects of an errant social media post. There are steps you can take to avoid regulatory and other violations committed innocently – or not – through social media.
Think you’ve seen the scariest one?
We want to hear from you! Head to the comments section below and tell us which post you think is the spookiest of all. You’ll be entered to win a $50 Amazon gift card, perfect for refilling your candy bowl!
Comment by October 28th, 2025 for your chance to win! The winner will be announced and emailed on October 29, 2025 at 12 PM ET.
10/29/2025: Giveaway has officially come to a close. Thank you to everyone who joined in on the spooky fun! Even though the giveaway is over, feel free to still comment on which post you think is the scariest. We would love to keep the conversation going!
Until next time…