Terms You Should Not Use in Marketing

As a follow up to our article Marketing Rule: Statements Made by RIAs and Advisors I have been following recent SEC enforcement actions and guidance from other members of the industry to update on what not to say, and examples of what to say instead. Coming up with a “list” of terms though has been a struggle for me because I’m not a creative brain; that’s why I’m in compliance and not marketing. I know they frown on many adjectives, so I needed some help on where to get started researching.

AI can be a fun tool. I use it for research, re-writing emails to give a specific tone or remove a tone, taking documents from legalese to layman’s terms, etc. Realistically I’m weary of AI and use it sparingly. I don’t even trust Alexa when she gives me the weather. I wouldn’t even have Alexa if my husband hadn’t brought her into the marriage.

So, for just fun, I have been talking to AI tools about the SEC marketing rule, seeing if it could give me any ideas of “what terms you should not use in marketing?” None of these were a surprise to me (except “fiduciary”), and frankly I agree with their list and rationales as well.

Here’s what AI told me:

🚫 Terms You Should NOT Use (or Only with Proper Context):

1. “Guaranteed”

• ❌ “We guarantee results”
• Why? No investment is risk-free. Guarantees can be misleading unless you’re offering something like an FDIC-insured product (which advisers typically aren’t).

2. “No risk” / “Risk-free”

• ❌ “Our strategy has no downside”
• Why? All investments have risk. You must clearly explain risks if you’re discussing returns.

3. “Safe investment”

• ❌ “This is a safe bet”
• Why? That implies a level of certainty that is misleading unless you’re talking about something like U.S. Treasury bills (and even then, you must be cautious).

4. “Top-rated” / “Best adviser” / “#1”

• ❌ “Voted #1 adviser in the country”
• Why? These claims are allowed only if you disclose who gave the rating, how it was determined, and whether you paid for it.

5. “We always outperform” / “We beat the market every year”

• ❌ “We’ve never had a losing year”
• Why? This is likely cherry-picking or misleading unless it’s fully documented and presented with risks, disclosures, and context.

6. “Get rich quick” / “Fast returns”

• ❌ “Double your money in 6 months”
• Why? These are classic red-flag terms for fraud and are almost always misleading.

7. Unqualified use of “fiduciary”

• ⚠️ “We are always fiduciaries”
• Why? While many advisers act as fiduciaries, this claim must be accurate and not imply a greater standard than legally required, especially if you’re dually registered or only act as a fiduciary part of the time.

8. “Free” (if there are hidden costs)

• ❌ “Free consultation” (when it’s really a sales pitch or has strings attached)
• Why? If “free” isn’t really free, you could be accused of misleading marketing.

 

✅ Approved Phrases (When Used Properly and With Disclosure)

These phrases are generally acceptable if they are true and not misleading, and you provide appropriate context or disclosures:

📢 General Marketing Language

• “We provide personalized investment advice tailored to your goals.”
• “Our team has over [X] years of combined experience in the industry.”
• “We are a fiduciary and act in your best interest” (only if true at all times).
• “Registered with the SEC” (but don’t imply endorsement).
• “Our strategies are designed for long-term growth.”
• “Serving clients since [year].”
• “We help clients plan for retirement, education, and wealth transfer.”

 

The bottom line in marketing is avoid superlatives, guarantees, and unsubstantiated performance claims. Stick to facts you can prove (yes, we require you provide sources) and always provide context and disclosures. I’ve also included a little cheat sheet below of terms to avoid and terms to use instead.

Feel free to reach out if you need help with your marketing pieces or have any other questions.

 

Avoid	Use Instead
Peace of Mind	Clarity around your financial goals / Helping you make informed decisions
Comfort	Confidence through planning / Personalized strategies aligned with your goals
Safe	Designed for capital preservation / Lower-volatility approach (if true, have the proof to back it up)
Risk-free	Low-risk strategy / Conservative investment approach (with context)
Security (as a feeling)	Helping you plan for financial stability / Supporting long-term financial confidence
Complimentary, free, no cost	No obligation meeting
Affordable	Competitive
Always, all	Usually, frequently, generally, many, some
Best	Favorable, appropriate, suitable
Critical	Important
Eliminate	Reduce, lessen
Exceptional, highest, phenomenal	Positive, favorable
Most, all	Favorable, some, may
Maximize, minimize	Potentially, seek to
Proven	An example of
Unique, unparalleled	Tailored
Will	May, can
Comprehensive financial plan	Customized or personalized plan or strategy
Expert	Knowledgeable, experienced, professional
Solve problems	Provide alternatives or strategies
Trusted	Dedicated, focused
Nothing to lose	Options for your consideration
Win	Help achieve financial or long-term goals
No downside	Downside risk management techniques / Aims to reduce drawdowns
Outperform the market	Seeks competitive returns relative to benchmarks
Crash-proof / Recession-proof	Diversified to weather different market conditions
High yield with no risk	Pursues income opportunities while managing risk exposure
Best in the business	Experienced professionals serving clients since [year]
Worry-free investing	Helping clients invest with clarity and confidence
Sleep well at night strategy	Built around your risk tolerance and long-term goals
No losses	Strategies aimed at reducing the impact of market volatility
Bulletproof portfolio	Designed for resilience across market cycles
We always beat the market	Performance aligned with long-term market benchmarks
Zero cost / Free	Initial consultation at no charge (if true)
Clients love us	Client testimonials available upon request (with disclosures)