Making Your Advertising Compliant

49
Back to the articles page

Article by:

Share This Post:

Private Lenders utilize advertising for their services every day, whether through websites, emails, texts, business cards, social media, or telephone solicitations. Successful advertising makes people remember your company and helps you reach new customers.

However, effective advertising means more than building your business and profits. It also means complying with federal and state requirements to protect your company’s reputation and avoid costly fines and audits. Your marketing materials make a first impression not only on new customers but also on your regulators and licensing authorities. 

There are hundreds of federal and state advertising requirements that could potentially apply to your marketing materials. Seem daunting? Not to worry. We’ve got you covered. Geraci has seasoned professionals who can assist you in reviewing your websites and marketing materials to ensure that you remain compliant regardless of your target market or where you are located.

We also have comprehensive advertising research materials available to help you navigate the confusing patchwork quilt of advertising rules including:

50 State Survey of Mortgage Advertising Laws

  • When and how to disclose your company’s licensing and regulatory information
  • How to disclose interest rates and other loan terms
  • How to compare your loan products and services with those of other lenders
  • Advertising terms that trigger additional disclosures
  • How to identify and avoid specific prohibited words and phrases
  • Record retention requirements

Federal Mortgage Advertising Laws

  • Fair Housing Act
  • UDAAP
  • Federal Trade Commission Internet Advertising Guidance
  • Federal CAN SPAM Act Requirements for Email Solicitations
  • Web Accessibility and the Americans With Disabilities Act

Federal Securities Law Disclosure Requirements for Mortgage-Related Investment Solicitations

  • Website Disclosures
  • Marketing and solicitation materials

How Can Geraci Help?

Geraci would be happy to review your website and advertising materials. You can also purchase our State and Federal Advertising Compliance Materials. Contact us below if you’d like a copy.

We can assist you with any of your other compliance requirements in all 50 states, whether it be licensing, registration, usury, fees, foreclosure, table funding, referral fees, or DBAs. Let us give you peace of mind.

Questions about this article? Reach out to our team below.
Contact Us
RELATED
SEC rule changes affecting fund managers and investor eligibility

SEC Qualified Client Rule: What Fund Managers Need to Do Next

The SEC’s proposed increase to qualified client thresholds, raising the bar to $1.4 million in assets under management and $2.7 million in net worth, may look like a routine inflation adjustment. It isn’t. For fund managers, it’s a structural shift that directly narrows the pool of investors eligible for performance-based compensation, including carried interest, incentive allocations, and performance fees. Emerging managers, growth-stage sponsors, and funds reliant on high-net-worth individuals near the current threshold will feel the friction first, and those who wait to adapt will feel it most in their next raise.

April 15, 2026
risks of all-inclusive trust deeds in wrap mortgage transactions

The Hidden Risks of All-Inclusive Trust Deeds (AITDs) and Wrap Mortgages

All-Inclusive Trust Deeds (AITDs) and wraparound mortgages may seem like flexible alternatives to traditional financing, but they come with hidden risks that can cost both buyers and sellers dearly.
In an AITD, the buyer pays the seller, who remains liable for the underlying mortgage. This creates dangerous dependencies: sellers lose control over their credit, buyers risk losing the property even when payments are made on time, and both parties face potential foreclosure through due-on-sale clause enforcement.

April 15, 2026