Yes, if the firm is covered by the FTC Safeguards Rule as investment advisory company and credit counseling service, it needs a written security program for customer information. Citation: 16 CFR Part 314 and 16 CFR 314.2(h)(2)(xii).

Primary source: 16 CFR 314.2(h)(2)(xii)

Does a credit counselor or financial advisor need a WISP?

Details

provides credit counseling, debt-management advice, financial planning, or investment advisory services to consumers. Information lives in intake questionnaires, budgets, creditor lists, account statements, planning software, CRM notes, document portals, payment-plan records, and advisor email. The WISP should separate advice records from any payment or debt-management data handled by vendors. Many counseling practices are below 5,000 consumers, but multi-location or high-volume programs may not be. The exception does not remove safeguards or written-program duties.

Primary source: 16 CFR 314.2(h)(2)(xii).

FAQ

Does a credit counselor or financial advisor need a WISP?

Yes, if the firm is covered by the FTC Safeguards Rule as investment advisory company and credit counseling service, it needs a written security program for customer information. Citation: 16 CFR Part 314 and 16 CFR 314.2(h)(2)(xii).

What is the data-flow issue for a credit counselor or financial advisor?

Information lives in intake questionnaires, budgets, creditor lists, account statements, planning software, CRM notes, document portals, payment-plan records, and advisor email. The WISP should separate advice records from any payment or debt-management data handled by vendors.

Is this legal advice?

No. It is source-cited educational content for a template product, not legal advice.

Policywright is a configurable template product, not a law firm and not legal advice. State breach deadlines and legal reliance should be reviewed with qualified counsel before launch or use.