If you truly want to know, verify with your regulator what their spin on this is. Issue, non-issue.
I will say that I spoke to some senior regulators about this and the comments were generally that this was an informal opinion and they were not sure if they agreed or not. But that was basically, "I can neither confirm nor deny". And it certainly doesn't insulate you from a suit by a consumer.
I believe you have two people to ask, your counsel and your regulator. Otherwise, realize you are accepting risk, albeit appearently minimal.
Opinions stated are not necessarily that of my employer.