TITLE XXXV
BANKS AND BANKING; LOAN ASSOCIATIONS; CREDIT UNIONS

CHAPTER 397-A
LICENSING OF NONDEPOSITORY MORTGAGE BANKERS, BROKERS, AND SERVICERS

Section 397-A:14-a

    397-A:14-a Advertising. –
I. No licensee or other person shall advertise, print, display, publish, distribute, or broadcast or permit to be advertised, printed, displayed, published, distributed, or broadcast in any manner whatsoever any statement or representation with regard to the rates, terms, or conditions for the lending of money under the provisions of this chapter which is false, misleading, or deceptive. Any reference to the amount of a loan shall refer to the original principal amount. Any statement so made of the amount of an installment or the rate or amount of interest charges required for any loan shall comply with the provisions of the federal Consumer Credit Protection Act, (15 U.S.C. 1601 et seq.) as amended.
II. Licensees shall ensure that the Nationwide Multistate License System and Registry unique identifier of any person originating a residential mortgage loan shall be clearly shown on all residential mortgage loan application forms, solicitations or advertisements, including business cards or websites, and any other documents as established by rule, regulation, or order of the commissioner.
III. Copies of any and all such advertising shall be retained by the licensee or other person for a period of 3 years after the first publication, distribution, or broadcast date of such advertising. Advertising files maintained under this section shall be subject to review by the banking department during the course of any examination or investigation undertaken in accordance with this chapter.

Source. 2016, 289:1, eff. Aug. 20, 2016.