AI Washing in Financial Services

“AI washing” describes claims that exaggerate or misrepresent an organization’s use of artificial intelligence. In March 2024, the SEC announced settled charges against Delphia and Global Predictions for false and misleading statements about purported AI capabilities. The SEC said Delphia claimed to use client data and machine learning in investment decisions when it had not built the represented capability; Global Predictions made misleading claims about AI-driven forecasts and its adviser status. The cases do not mean every AI-related claim is unlawful. They illustrate that securities laws and advertising rules apply to statements about technology, just as they apply to other material claims. Financial firms should make sure marketing describes actual systems, data use, model capabilities, and human review accurately. Aspirational research plans should not be presented as current production capability. Records should support claims made in filings, websites, and sales materials. Investors can ask what task AI performs, whether it affects recommendations or operations, which data are used, and how results are validated. Check adviser registration and disciplinary history in SEC/IAPD. Be skeptical of claims that AI guarantees superior returns or removes investment risk. This guide summarizes public enforcement examples and is not legal advice or an assessment of any particular company. The enforcement examples identify what firms claimed and what the SEC said was inaccurate in those matters. They do not establish that all advisers using AI make misleading statements.