Advertising and Marketing Policy Manual
Advertising and marketing your mortgage products and programs are standard business practices. However, there is an ever-increasing risk of Consumer Financial Protection Bureau (CFPB) and/or Federal Trade Commission (FTC) enforcement actions for unfair or deceptive advertising and for violations of the Truth in Lending Act (TILA) and implementing Regulation Z. There are also numerous regulations and agency requirements for mortgage lending advertising activities based on RESPA, S.A.F.E. Act, MARS (Regulation O), MAP rules, Fair Housing Act, HUD-issued guidance, state laws, and other fair-lending regulations.
It is vital that your advertising materials be truthful, non-deceptive, fair AND include all appropriate and required disclosures. Demonstrate your company's commitment to fair and truthful advertising practices by implementing the AllRegs Advertising and Marketing Policy Manual. This policy reflects industry standards and best practices for marketing your products and services. It includes recent changes to laws and regulatory guidance and establishes your policies.
This Advertising and Marketing Policy Manual covers the following topics:
- Accountability and Monitoring
- Staff and Training
- Related Regulations
- Advertising Standards
- Special Types of Advertising
- Mortgage Products
- Advertising and Marketing Prohibitions
- Appendix - Regulatory Guidance
The Advertising and Marketing Policy Manual features the following benefits:
- Supports strong operational preparedness
- Establishes staff training requirements
- Defines roles and responsibilities
- Helps meet investor and internal compliance requirements
- Allows policy revisions to fit your business model
- Delivered via email within one business day
Maintenance: Receive regular and ongoing industry updates to keep your policy within regulatory requirements.
Publishing: Publish your manual, including your company procedures, in AllRegs Online to complete your policy manual solution.
Contact your account manager for information regarding these optional services!
|1.1||Goals and Objectives||Mandatory Review||Include the point of view or culture of your organization in this section, if applicable.|
|1.2||Required Review||Mandatory Review||Be sure this accurately reflects your company’s annual policy review process|
|2.1||Internal Controls||Mandatory Review||Include or reference related procedures in this section.|
|3||Staff and Training||Mandatory Review||Include in this section the means by which your organization provides and tracks required training.|
|4||Related Regulations||Recommended Best Practice||This section addresses, in alpha order, various federal requirements for advertising. It also includes some investor-specific requirements that you may wish to delete.|
|4.13.2||Disclosures Required||Mandatory Review||This section addresses disclosures required under the Mortgage Assistance Relief Services (MARS, Reg. O). For clients who provide this service, include the fee charged by your organization for mortgage assistance.|
|5.5||Licensing/NMLS||Mandatory Review||You must include the organization’s NMLSR ID number in this section as well as well as exact state language, as applicable.|
|5.7||Advertising Standards||Mandatory Review||Sample language is provided for disclosure scenarios your organization may use. Enhance this with specific examples.|
|6||Special Types of Advertising||Recommended Best Practice||This section includes various advertising methods, including best practice for Social Media communications and prohibition of telemarketing campaigns. It is recommended that you customize as applicable.|
|8||Mortgage Products||Mandatory Review||This policy includes advertising requirements for Forward Mortgages, HELOCs, and Reverse Mortgages. Review to determine if these products offered by your organization.|
|10.2||Limited English Proficiency||Mandatory Review||This policy addresses marketing to immigrant sectors while making available non-English disclosures for non-English speaking applicants. This section may be further customized.|