Sec. 09.03.09.09. Advertising and Solicitation

A. A mortgage loan originator may not publish, or cause to be published, any advertisement, or make or cause to be made any representation, that:

(1) Contains any false, misleading, or deceptive statements regarding the making, brokering, or servicing of mortgage loans; or

(2) Misrepresents terms, availability, rates, or charges incident to a mortgage loan.

B. Licensee Name and Address.

(1) A mortgage loan originator may not advertise under any name or address other than the name and address which appear on its license.

(2) Notwithstanding §B(1) of this regulation:

(a) An advertisement need not disclose any address of the advertiser; and

(b) A mortgage loan originator may advertise under any name:

(i) By which the mortgage loan originator is commonly known; and

(ii) Which is shown in the mortgage loan originator’s NMLSR record.

(3) In any advertisement, a mortgage loan originator must disclose:

(a) The name or approved trade name of the mortgage loan originator’s employer; and

(b) The mortgage loan originator’s NMLSR Unique Identifier.

(4) Notwithstanding §B(3) of this regulation, a mortgage loan originator who utilizes social media for advertising purposes need not disclose the name of the mortgage loan originator’s employer or the NMLSR Unique Identifier of the mortgage loan originator in each statement published through a social media platform, provided that such information is disclosed prominently on the mortgage loan originator’s home page within that social media platform.