Skip to content

Canada's Business and Tech Newsroom

  • Professional Subscription
  • Partnerships & Advertising
  • Licensing & Syndication
Log In Subscribe
Welcome,
  • My Account
  • Log Out
  • Business
  • Tech
  • National
  • The Big Read
  • Briefings
  • Commentary
Search
Log In Subscribe
Welcome,
  • My Account
  • Log Out
News

SEC’s AI washing charges ‘a marketing stunt’: Delphia CEO

The U.S. Securities and Exchange Commission’s March announcement it had charged two investing firms with making misleading statements about their use of AI was “a marketing stunt,” according to the CEO of one of the sanctioned companies.

News

SEC’s AI washing charges ‘a marketing stunt’: Delphia CEO

Sanctioned Toronto-based firm shut down investing business in December amid U.S. regulator’s investigation

By Claire Brownell
Securities and Exchange Commission Chair Gary Gensler sitting in front of a tv screen with live streaming giving a speech.

Securities and Exchange Commission Chair Gary Gensler in Washington in September 2023. Photo: AP Photo/Mariam Zuhaib
Apr 4, 2024
A A
A Small A Medium A Large
Share

Gift

Share

The U.S. Securities and Exchange Commission’s March announcement it had charged two investing firms with making misleading statements about their use of AI was “a marketing stunt,” according to the CEO of one of the sanctioned companies.

Andrew Peek, CEO of Toronto-based fintech Delphia—which makes financial software and operated a platform for retail investors that it called an “algo-advisor,” or algorithmic advisor, as opposed to a “passive robo advisor”—made the comments on the company’s Discord server, a social platform where clients and company representatives can communicate. 

Talking Points

  • Delphia CEO Andrew Peek called the SEC’s “AI washing” charges this month against the Toronto-based fintech’s U.S. subsidiary and a second U.S. firm “a marketing stunt”
  • Delphia neither admits or denies the SEC’s allegations and Peek’s comment was not intended to imply they were not factual, he wrote
  • The U.S. securities regulator has embarked on a campaign to crack down on companies it believes are capitalizing on the hype surrounding artificial intelligence by exaggerating their investment products’ use of the technology

“To be honest… this press release was more of a marketing stunt on the part of the SEC,” he wrote on March 22 in response to a user’s question about media coverage of the announcement.

“Yes, we mistakenly had some marketing sentences that suggested we were using first-party customer data in our algorithms (we weren’t), but we were absolutely running state-of-the-art machine learning models to forecast the fundamentals of hundreds of equities and were researching how to improve those models using consumer data we purchased commercially.” Peek wrote. “Oh… I should add: Consistent with the SEC’s requirements and our agreement in the settlement, Delphia neither admits nor denies the SEC’s allegations and this communication is not intended to deny the allegations or imply that they are without factual basis.” 

Peek declined The Logic’s request for further comment.

The charges, announced March 18, were part of the U.S. securities regulator’s ongoing campaign to crack down on what it calls “AI washing,” in which companies exaggerate their investment products’ use of artificial intelligence to capitalize on the hype surrounding the technology. An investor’s tasks, synthesizing massive amounts of information and spotting patterns among data to gain an edge over competitors, seem particularly well-suited to generative AI—and potentially vulnerable to hyperbole.

Delphia CEO Andrew Peek said, “Consistent with the SEC’s requirements and our agreement in the settlement, Delphia neither admits nor denies the SEC’s allegations.” Photo: LinkedIn

Founded in 2018, privately held Delphia has raised a total of roughly US$80 million, according to Crunchbase, from backers including crypto fund Multicoin Capital and the venture arm of fallen crypto giant FTX. Its last public round of investment was a US$60-million Series A announced in June 2022.

Delphia had proposed training its AI investment recommendation software on data collected from its own clients, but the idea never left the planning stage. The SEC alleged the company’s U.S. subsidiary made misleading statements that gave the false impression it was actively using client data-powered AI in its investment algorithms, fining it US$225,000.

Global Predictions, a San Francisco-based firm that offers an investment advisory platform, agreed to pay a US$175,000 fine after falsely claiming its PortfolioPilot software incorporated  “[e]xpert AI-driven forecasts” when in fact it did not, the SEC alleged. Global Predictions also neither admits or denies the charges. 

Delphia had about US$187 million in assets under management in the U.S., including about US$7 million from retail investors, before shutting that business down in December, according to the SEC. Though the firm is based in Toronto, its investing business was not registered in Canada and did not accept Canadian clients.

Related Articles

Data-driven investment startup Delphia cuts 30 per cent of its workforce

By Fatima Syed

FTX includes more than 30 Canadian firms in sprawling creditors list

By Kelsey Rolfe

Late November messages on Delphia’s Discord server show the company notified customers they would have to transfer their accounts. Delphia went on to announce on Discord it was shifting its focus to AI-powered software that allows “investors and analysts to compete with the biggest funds for signals,” among other projects.

Meanwhile, Global Predictions made its PortfolioPilot software available to Canadians through fintechs Questrade and Passiv in 2022. According to a blog post announcing its Canadian launch, “users of Questrade, Wealthsimple, and RBC Direct Invest can seamlessly and securely link their accounts to PortfolioPilot.”

Questrade did not respond to a request for comment. Juanita Leon, a spokesperson for Wealthsimple, and Louise Armstrong, a spokesperson for RBC Direct Investing, both said in an email they do not work with Global Predictions; Leon said Wealthsimple has “no direct integration” with its software and Armstrong said RBC Direct Investing “does not endorse its services.”

Rhys Dowbiggin, a spokesperson for Fredericton-based Passiv, confirmed in an email the company does integrate Global Predictions’ software into its app, saying the software provides users with optional features that provide a portfolio score and forecasted returns. “​​Passiv believes that new investing experiences are changing the global investing landscape. This includes apps that use AI responsibly and in the best interest of their end users,” he said.

Alexander Harmsen, CEO of Global Predictions, said in an email that the company “cooperated fully with the inquiry and is pleased to put this behind us,” saying the firm has clarified its marketing around the company’s use of AI.

Asked if any members of the Canadian Securities Administrators, an umbrella organization for the provincial securities regulators, are preparing enforcement actions or other activities related to AI washing, spokesperson Ilana Kelemen said they are monitoring the phenomenon. Several provincial regulators have issued alerts about the potential of AI to manipulate consumer decisions and spread misinformation, she said.

Gift the full article

Joshua Pantony, CEO of Boosted.ai, a Toronto-based startup that makes AI-powered software for investment managers, said “there’s been a ramp-up in interest” among Canadian regulators on the topic of AI in investing. “It’s obvious they’re investing in having more in-house capabilities to evaluate things like this,” he said.

Generative AI for investing may be complicated, but staying on the right side of regulators is not, he said.

“It’s always been really important to do what you advertise and do what you say,” he said. “If you say you’re using cutting edge generative AI technology, make sure you have cutting edge generative AI technology.”

#AI #AI washing #Andrew Peek #Delphia #fintech #Global Predictions #investing #markets #SEC #Tech

Loading...

Thanks for sharing!

You have shared 5 articles this month and reached the maximum amount of shares available.

Close
This account has reached its share limit.

If you would like to purchase a sharing license please contact The Logic support at [email protected].

Close
Want to share this article?

Upgrade to all-access now

Close
Gift the full article!

You have gifted 0 article(s) this month and have 5 remaining.

Copy link and gift
Copy Link
Email to a friend
Send Email
Gift on Social Media

Recipients will be able to read the full text of the article after submitting their email address. They will not have access to other articles or subscriber benefits.

Securities and Exchange Commission Chair Gary Gensler sitting in front of a tv screen with live streaming giving a speech.


Photo: AP Photo/Mariam Zuhaib

Delphia CEO Andrew Peek said, “Consistent with the SEC’s requirements and our agreement in the settlement, Delphia neither admits nor denies the SEC’s allegations.”

Most Popular This Week

A man wearing a dark shirt is pictured against a brick wall. He is looking directly into the camera. with a serious facial expression.
The Big Read

How Sheldon McCormick brought Communitech back from the brink

By Catherine McIntyre
A skyscraper on Bay Street in Toronto, viewed from street level looking up, with a traffic light and street sign in the foreground against a blue sky with clouds.
Analysis

Canada’s AI hiring boom has reached Bay Street’s top executives

By Chaimae Chouiekh
A shot from above of five people clustered around a table, all working on near-identical laptop computers. Their computer bags lie on the floor and some are wearing yellow lanyards.
News

1 in 3 professionals are using unauthorized AI on the job, global survey finds

By Anita Balakrishnan
A head-on shot of James Neufeld seated with others at a round table in a meeting room. Eleanor Olszewski is seated to his left. There's a laptop open in front of Neufeld.
News

For this Alberta tech firm, ‘Buy Canadian’ isn’t working as advertised

By David Reevely

In-depth, agenda-setting reporting

Great journalism delivered straight to your inbox.

A man sitting in a chair wearing a dark suit and jacket against a light background. The man is wearing glasses and has a serious facial expression.
Commentary

Carmichael: Was Chicken Little stirring panic, or just taking precautions?

By Kevin Carmichael

Briefing

Carney plans to discuss US$135B defence bank with new U.K. prime minister

By Chaimae Chouiekh   |   Jun 26, 2026

B.C. nearing federal MOU of its own as talks continue on Alberta’s West Coast pipeline

By Meghan Potkins   |   Jun 26, 2026

Quebecor urges CRTC to block Corus restructuring as part of takeover push

By Laura Osman   |   Jun 26, 2026

Best business newsletter in Canada

Get up to speed in minutes with insights and analysis on the most important stories of the day, every weekday.

Exclusive events

See the bigger picture with reporters and industry experts in subscriber-exclusive events.

Membership in The Logic Council

Membership provides access to our popular Slack channel, participation in subscriber surveys and invitations to exclusive events with our journalists and special guests.

Recent Popular Stories

Analysis

It turns out Trump does need something from Canada—aluminum

By Joanna Smith   |   Jun 25, 2026
A close-up of a made-in-Canada stamp on the end of a cylindrical piece of raw aluminum.
Exclusive

Ssense has laid off photo and make-up teams and says AI will do much of their work

By Catherine McIntyre   |   Jun 22, 2026
News

Alberta to free up a huge amount of power to attract Big Tech and its data centres

By Meghan Potkins   |   Jun 24, 2026
A wide landscape shot of high-tension power lines over green and golden fields in rolling countryside.
News

Canada gets low returns from events like the World Cup. Ottawa wants to know why

By Laura Osman   |   Jun 19, 2026
A wide shot of the Vancouver skyline shot from the east, featuring the Science World geodesic dome painted as a FIFA 2026 World Cup soccer ball. B.C. Place stadium appears on the right side of the frame.
News

What makes a nuclear reactor Canadian? Billions of dollars ride on the answer

By David Reevely   |   Jun 23, 2026
A bowl-shaped structure surrounded by concrete barriers. A white sign with a blue Westinghouse logo is suspended across one side of the structure.
News

How a former Russian TV anchor ended up suing Canada’s go-to rocket company

By David Reevely   |   Jun 22, 2026
A shot across an expanse of low forest of a rocket launching into blue skies.

Canada's most influential executives and policymakers are reading The Logic

  • CPP Investments
  • Sun Life Financial
  • C100
  • Amazon
  • Telus
  • Mastercard
  • bdc
  • Shopify
  • Rogers
  • RBC
  • General Motors
  • MaRS
  • Government of Canada
  • Uber
  • Loblaw Companies Limited
logic-logo

Canada's Business and Tech Newsroom

100% human-crafted journalism

Newsroom

  • News Tips
  • AI Policy
  • Editorial Disclosures
  • Story Pitches

Company

  • About Us
  • Terms of Service
  • Privacy Statement
  • Corporate Information

Contact

  • Contact Us
  • Advertise
  • FAQs
  • Work at The Logic

© 2026 The Logic Inc. All Rights Reserved.

Trusted by leaders

Error

Account creation failed.

Please email us at [email protected].

Create Account

[wppb-register form_name=”cozmo-registration-form-for-modal”]

I do have an account
Login
or

[wppb-login]

I don’t have an account