Banking, lending and mortgage: the numbers, the rules, the AI picture.

• Truth in Lending (Regulation Z) advertising rules and trigger terms (12 CFR 1026.24 and 1026.16)

  For closed-end credit such as mortgages, stating the down payment, the number of payments or repayment period, a payment amount or a finance charge triggers more disclosures. The ad must then state the down payment, the repayment terms and the annual percentage rate, using that term, and say if the rate can increase. Any rate must be stated as an APR. For dwelling-secured loans the rule bars misleading use of "fixed", implying government endorsement unless the loan is government-backed, and calling a for-profit lender a "counselor". Home equity line ads may not call the plan "free money", and open-end ads must label introductory rates as "introductory" or "intro".

  What it means: Every rate table, social post, banner and payment calculator is an ad. If you show "$1,450 a month", you must also show the APR, the down payment and the full repayment terms nearby. Never lead with a teaser rate without the APR and the date it changes. Check every page that quotes a number, including blog posts and AI-friendly explainers.

  [6] law.cornell.edu

• Truth in Savings (Regulation DD) advertising rules for deposit accounts (12 CFR 1030.8)

  Deposit ads may not be misleading or inaccurate. An account may not be called "free" or "no cost" if any maintenance or activity fee may apply, and interest may not be called "profit". Any rate of return must be stated as an "annual percentage yield", and the interest rate may appear only alongside it and not more prominently. Stating an APY triggers further disclosures where they apply. These include whether the rate can change, how long it is offered, the minimum balance, that fees could reduce earnings and any early withdrawal penalty. Broadcast, electronic, outdoor and telephone media are exempt from some of these.

  What it means: A savings or CD promotion that shows "5.00% APY" needs the date or offer period, the minimum balance and the fee warning right next to it. "Free checking" is only allowed when no maintenance or activity fee can apply. Bonus offers need the APY, the time and balance required and when the bonus is paid. Credit unions follow the NCUA version of this rule, which this page does not quote.

  [7] law.cornell.edu

• Mortgage advertising misrepresentations and UDAAP: Regulation N (12 CFR 1014), 12 USC 5531 and the deception standard

  Regulation N bars any material misrepresentation, express or implied, in a commercial communication about a mortgage credit product. Its examples include rates, fees and "no fees" claims, the word "fixed", government affiliation, preapproval claims and the qualifications of anyone offering counseling. It requires records of all materially different ads, scripts and training materials for 24 months after last use. It applies to persons under FTC jurisdiction. Separately, 12 USC 5531 lets the CFPB act against unfair, deceptive or abusive acts or practices by any covered person. The FTC’s 1983 deception policy adds that fine print may not correct a misleading headline.

  What it means: Judge each ad by the impression it leaves, not by whether the footnote is technically true. "Pre-approved" on a mailer, "no closing costs" when fees move into the rate, or a seal that looks like a government agency are classic problems. Keep a dated archive of every materially different ad, landing page and script for at least two years, and longer where your state requires it.

  [8] law.cornell.edu

• RESPA Section 8: kickbacks and referral fees (12 CFR 1024.14)

  No one may give or accept a fee, kickback or other thing of value under an agreement to refer settlement service business on a federally related mortgage loan. A thing of value is broad: money, discounts, special banking terms, free services, paid trips and more. An agreement can be implied from a pattern of conduct. A referral includes any action that affirmatively influences a borrower’s choice of provider. Permitted payments include bona fide pay for services actually performed and normal promotional and educational activities not tied to referrals.

  What it means: Co-marketing with real estate agents, builders and title companies is where lenders get caught. Splitting ad costs, paying for leads, sponsoring an agent’s events or buying a spot on a "preferred lender" page must reflect fair market value for real services, not referrals. Get counsel to review every partner agreement and keep the paperwork, which the rule says must be kept for five years.

  [9] law.cornell.edu

• Fair lending in advertising: ECOA and Regulation B (12 CFR 1002.4(b)) and the Fair Housing Act (24 CFR 100.75)

  Regulation B bars statements, in advertising or otherwise, that would discourage a reasonable person from applying because of a prohibited basis such as race, sex, marital status or age. It says written or oral statements include visual images such as symbols, photographs and videos. The HUD Fair Housing Act rule on advertising for the sale or rental of dwellings bars words, photographs and symbols that signal a preference or exclusion. It also bars selecting media or locations in a way that denies parts of the market information about housing opportunities.

  What it means: Look at who appears in your photos, which neighborhoods your branch ads and mailers reach, and which audiences your digital campaigns exclude. An ad set that reaches only some ZIP codes, or imagery that shows one kind of borrower, can be a fair lending problem even if no word is wrong. Ad platforms already restrict some of this targeting for credit ads, as the Google item below shows.

  [10] law.cornell.edu

• Equal Housing Lender and Equal Housing Opportunity notices in mortgage ads (FDIC 12 CFR 338.3, NCUA 12 CFR 701.31(d))

  An FDIC-supervised institution that advertises home purchase, construction, improvement or home-secured loans must prominently indicate that it lends without discrimination. The protected bases are race, color, religion, national origin, sex, handicap and familial status. Written and visual ads can do this with the Equal Housing Lender logotype and legend or HUD’s Equal Housing Opportunity logotype and legend. Oral ads can say "Equal Housing Lender" or "Equal Opportunity Lender". The NCUA rule for federal credit unions works the same way for real estate-related loans.

  What it means: Put the logo and legend on every mortgage, home equity and construction loan page, ad and social graphic, and the spoken line in every radio or video spot. Use the version your regulator names. Nationally chartered banks, state credit unions and nonbank lenders should confirm their own regulator’s wording, which this page does not quote.

  [11] law.cornell.edu

• SAFE Act and NMLS IDs: federal registration (12 CFR 1007.105), loan documents (12 CFR 1026.36(g)) and state ad rules

  A registered loan originator at a bank or credit union must give the consumer his or her unique identifier on request and before acting as an originator. It also goes in the first written communication, including email. The institution must make its originators’ identifiers available to consumers. Regulation Z requires the organization’s and the individual originator’s names and NMLSR IDs on the credit application, the Loan Estimate and Closing Disclosure, the note and the security instrument. States add their own ad rules. Virginia, for example, requires "NMLS ID #" followed by the identifier and the NMLS Consumer Access address in mortgage ads.

  What it means: Every loan officer bio, email signature, business card, landing page and social profile should carry the right NMLS ID. Licensed lenders and brokers should check each state they advertise in for name, license number and NMLS format rules, since they differ. A team page with missing IDs is both a compliance gap and a lost trust signal.

  [12] law.cornell.edu

• FDIC official advertising statement and digital signs (12 CFR 328.5 and 328.6) and the NCUA statement (12 CFR 740.5)

  Banks must include the official advertising statement in ads for deposit products or general banking services. The wording is, in substance, "Member of the Federal Deposit Insurance Corporation", or a short form such as "Member FDIC". It must not appear in ads only about non-deposit products, and in mixed ads it must be clearly set apart. A separate rule requires the FDIC digital sign on the homepage, login page and account-opening page, with non-deposit notices on pages for those products. A final rule published January 29, 2026 set compliance by April 1, 2027. Credit unions must include the NCUA statement, such as "Insured by NCUA", in ads and on the main web page, with exemptions such as loan-only ads.

  What it means: Audit the website and app before the FDIC digital sign deadline: homepage, login, account opening and any page offering investments or insurance. Keep Member FDIC off loan-only and investment pages. Credit unions should put the NCUA statement on the main page and deposit ads, and check that no font is smaller than the smallest text in the ad.

  [13] law.cornell.edu

• Ad platform rules: Google Ads financial products and services and personalized ads for credit

  Google bars ads for personal loans with an APR of 36% or more in the US. It allows only personal loans repaid in 61 days or longer. The landing page must show the minimum and maximum repayment period, the maximum APR and a representative total cost example. All financial advertisers must show a physical address and associated fees. Since October 19, 2020, credit ads in the US and Canada, including mortgages, cannot target by gender, age, parental status, marital status or ZIP code. Google’s separate financial services verification lists countries such as the UK, Australia and Germany, and the US was not on the list when we checked.

  What it means: Build campaigns on intent and geography the platform allows, not on age or ZIP code. Put the required disclosures on the landing page itself, not behind a link or a hover. UK and other non-US lenders should expect to prove their regulator authorization before ads run. Meta and other platforms have their own credit ad rules, which this page does not cover.

  [14] support.google.com

• Outside the US: UK FCA mortgage promotions (MCOB 3A) and Canada’s Bank Act

  In the UK, MCOB 3A.2 requires mortgage communications to be fair, clear and not misleading, restating part of FCA Principle 7 and the Consumer Duty. Promotions for regulated mortgages must not contain wording that may create false expectations about the availability or cost of credit. In Canada, section 627.85 of the Bank Act covers banks that advertise a rate of interest. The ad must disclose how interest is calculated and what affects the rate, in the same manner as the rate.

  What it means: A UK or Canadian lender cannot reuse a US page. UK promotions must pass the fair, clear and not misleading test, and Google’s financial services verification applies there. Canadian mortgage brokers are licensed provincially, and their advertising rules come from the provincial regulator, which this page does not cover. Use local counsel for cross-border campaigns.

  [15] handbook.fca.org.uk

This is general information, not legal or compliance advice. Rules differ by charter, regulator, state and country, and they change. Confirm every page, ad, rate table and email with your compliance officer or counsel before publishing.