Ga. Comp. R. & Regs. R. 80-11-1-.02 - Advertising Requirements

Any advertisement of a mortgage loan that is subject to regulation under O.C.G.A. Title 7, Chapter 1, Article 13 and that is made, published, disseminated or circulated in this state shall comply with the requirements set forth below.

(a) Advertisements for mortgage loans shall not be false, misleading, or deceptive.

(b) Advertisements for mortgage loans shall not indicate in any manner that the interest rates or charges for loans are in any way recommended, approved, set or established by the state or by any law of the state.

(c) All solicitations or advertisements, including business cards and websites, for mortgage loans disseminated in this state by persons required to be licensed under O.C.G.A. Title 7, Chapter 1, Article 13 shall contain the name and unique identifier of the licensee advertising the mortgage loan, which name and unique identifier shall conform with the name and unique identifier on record with the Department of Banking and Finance.

(d) Reserved.

(e) All advertisements for mortgage loans shall comply with all applicable federal and state laws.

(f) For purposes of this Rule, "advertisement" means material used or intended to be used to induce the public to apply for a mortgage loan. Such term shall include any printed or published material, audio or visual material, website, or descriptive literature concerning a mortgage loan subject to regulation under O.C.G.A. Title 7, Chapter 1, Article 13 whether disseminated by direct mail, newspaper, magazine, radio or television broadcast, electronic, billboard or similar display. The term advertisement shall not include promotional materials containing fifteen words or fewer relating to the mortgage business of the entity which material does not contain references to a specific rate or product, such as balloons, hats, pencils or pens, and calendars.

(g) Every mortgage broker or mortgage lender required to be licensed shall maintain a record of samples of its advertisements (including commercial scripts of all radio and television broadcasts) for examination by the Department of Banking and Finance.

(h) An advertisement shall not include an individual's loan number, loan amount, or other publicly available information unless it is clearly and conspicuously stated in bold-faced type at the beginning of the advertisement that the person disseminating it is not authorized by, acting on behalf of, or otherwise affiliated with the individual's lender, which shall be identified by name. Such an advertisement shall also state that the loan information contained therein was not provided by the recipient's lender.

(i) In the event that a mortgage broker or lender sponsors a mortgage loan originator purporting to operate under the temporary authority requirements set forth in 12 U.S.C. § 5117, any advertisement by the mortgage broker or lender that mentions such mortgage loan originator's ability to act as mortgage loan originator in Georgia shall clearly and conspicuously indicate that the individual has temporary authority to operate in Georgia. Any such advertisement must also clearly and conspicuously indicate that the individual is unlicensed, has submitted a license application to the Department, and the Department may grant or deny the license application.

Notes

Ga. Comp. R. & Regs. R. 80-11-1-.02

O.C.G.A. §§ 7-1-61, 7-1-1001.1, 7-1-1004.3, 7-1-1012, 7-1-1016.

Original Rule entitled "Advertising Requirements" adopted. F. Oct. 22, 1993; eff. Nov. 11, 1993. Amended: F. Sept. 19, 1994; eff. Oct. 9, 1994. Amended: F. Jan. 27, 1995; eff. Feb. 16, 1995. Amended: F. July 14, 1998; eff. August 3, 1998. Amended: F. July 28, 2003; eff. August 17, 2003. Amended: F. Aug. 22, 2006; eff. Sept. 11, 2006. Amended: F. Aug. 15, 2007; eff. Sept. 4, 2007. Amended: F. Aug. 17, 2009; eff. Sept. 6, 2009. Amended: F. Nov. 2, 2010; eff. Nov. 22, 2010. Amended: F. June 20, 2016; eff. July 10, 2016. Amended: F. Dec. 20, 2019; eff. Jan. 9, 2020. Amended: F. Jan. 8, 2021; eff. Jan. 28, 2021. Note: Rule 80-11-1-.02, the incorrect version of the Rule was inadvertently filed (i.e., January 8, 2021; effective January 28, 2021) and appeared on the Rules and Regulations website February 5, 2021 through July 14, 2021. The correct Rule, as originally promulgated and adopted, was updated on the Rules and Regulations website July 15, 2021, with the original filed and effective date, as specified by the Agency. Effective July 15, 2021. Note: Rule 80-11-1-.02 (Supersede "Note" effective July 15, 2021.), the incorrect version of the Rule was inadvertently filed January 8, 2021 (effective January 28, 2021) and was posted on the Rules and Regulations website February 5, 2021 through August 4, 2021. The correct Rule, as originally promulgated and adopted, was updated on the Rules and Regulations August 5, 2021; with the original filed and effective date, January 8, 2021 and January 28, 2021 respectively, as specified by the Agency. Effective August 5, 2021. Amended: F. July 12, 2024; eff. Aug. 1, 2024.