PURPOSE: This rule creates general guidelines for advertising practices by mortgage brokers.

1. (1) General Prohibition. No person or other entity except a licensee or an exempt entity shall circulate or use any advertising or make any representation or give any information to any person which indicates or reasonably implies activity involving the making, servicing or brokering of loans secured by Missouri residential real estate.
2. (2) Definition of Advertisement. An advertisement is any message, conveyed in any format, attempting to induce, directly or indirectly, any person to enter into a residential mortgage loan or loan brokerage agreement; provided, small items bearing only a name, address and telephone number (examples: pencils, pens, buttons, pins, pocket calendars, balloons, and business cards) are excepted.
3. (3) Compliance with Other Laws. Every advertisement shall comply with the Act and federal and state law.

4. (4) Requirements. Any advertisement shall include:

   1. (A) The name and an office address of such licensee or exempt entity, which shall conform to a name and address on record with the commissioner.
5. (5) Misleading and Deceptive Advertising Prohibition. Advertisements shall not be false, misleading or deceptive or indicate or imply that interest rates or charges are in any way “recommended,” “approved,” “set” or “established” by Missouri or the Act.

AUTHORITY: sections 443.847, 443.869(7) and 443.887, RSMo Supp. 1996.* This rule originally filed as 4 CSR 140-30.070. Emergency rule filed Nov. 25, 1996, effective Dec. 5, 1996, expired June 2, 1997. Original rule filed Nov. 25, 1996, effective May 30, 1997. Moved to 20 CSR 1140- 30.070, effective Aug. 28, 2006.

*Original authority: 443.847, RSMo 1994, amended 1995; 443.869(7), RSMo 1994, amended 1995; and 443.887, RSMo 1994, amended 1995.