The Mortgage Acts and Practices-Advertising (MAP) Rule is a federal rule issued by the Consumer Financial Protection Bureau (CFPB) that applies to advertising for mortgage products and services. The rule is designed to protect consumers by ensuring that they are provided with accurate and meaningful information about the terms and costs of mortgage products and services and to prevent deceptive or misleading advertising practices.
The main provisions of the MAP Rule include:
- Advertising requirements: The MAP Rule requires that all advertising for mortgage products and services include certain information such as the annual percentage rate (APR), the finance charge, and the total number of payments.
- Disclosures in radio and television advertisements: For radio and television advertisements, the MAP Rule requires that the advertiser must include a “clear and conspicuous” disclosure of the rate and the fact that it is an advertisement.
- Recordkeeping requirements: The MAP Rule requires that all advertisements for mortgage products and services be kept for at least 24 months.
- Prohibitions of deceptive or misleading advertising practices: The MAP Rule prohibits mortgage advertisers from making false, misleading, or deceptive statements or representations about their products or services, or about the nature of the credit terms.
- The MAP Rule applies to all advertising for mortgage products and services, including advertising for residential mortgage loans, home equity loans, and reverse mortgages. The rule applies to all types of advertising, including print, broadcast, and online advertising, and it applies to all entities involved in advertising mortgage products and services.
The MAP Rule is intended to ensure that consumers have the information they need to make informed decisions about mortgage products and services, and to prevent deceptive or misleading advertising practices. Violations of the MAP Rule can result in penalties and fines, as well as legal action by the CFPB and other regulatory agencies.
The Mortgage Acts and Practices-Advertising Responsibilities and Accountabilities
The Mortgage Acts and Practices-Advertising Rule (MAP Rule) is a regulation issued by the Federal Trade Commission (FTC) that is designed to protect consumers from deceptive or misleading advertising practices by mortgage lenders and brokers. The MAP Rule applies to all advertising for mortgage loans, including print, online, and broadcast advertising.
The MAP Rule sets out specific responsibilities and accountabilities for mortgage lenders and brokers with regard to advertising, including:
- Providing accurate and truthful information: Lenders and brokers must not make any false, misleading, or deceptive statements in their advertising. This includes not making any statements that are likely to create confusion or that omit important information.
- Disclosing APR: Lenders and brokers must disclose the annual percentage rate (APR) in all of their advertising. APR is a measure of the cost of credit that takes into account the interest rate, points, and other charges.
- Disclosing other costs: Lenders and brokers must disclose other costs associated with the loan, such as origination fees, points, and application fees in their advertising.
- Disclosing credit terms: Lenders and brokers must disclose the credit terms of the loan, such as the loan amount, the interest rate, and the length of the loan.
- Disclosing required credit score: If the lender or broker makes any statement in its advertising that a credit score or other credit criteria is required to get the loan, it must disclose the specific credit score or credit criteria required.
- Retaining records: Lenders and brokers must retain records of all of their advertising for at least one year after the date of the last dissemination of the advertisement.
- The FTC is responsible for enforcing the MAP Rule, and has the authority to take legal action against mortgage lenders and brokers who violate the rule.
- If a violation is found, the FTC can seek a wide range of remedies, including injunctions, civil penalties, and restitution to consumers.
The Mortgage Acts and Practices-Advertising Rule (MAP Rule) Sanctions
The Mortgage Acts and Practices-Advertising Rule (MAP Rule) is a regulation issued by the Federal Trade Commission (FTC) that is designed to protect consumers from deceptive or misleading advertising practices by mortgage lenders and brokers. The FTC is responsible for enforcing the MAP Rule, and has a range of sanctions and remedies available to it to address violations of the rule. Some of these include:
- Injunctions: The FTC can seek court orders to stop mortgage lenders and brokers from engaging in deceptive or misleading advertising practices, and to require them to take specific actions to correct any violations.
- Civil penalties: The FTC can seek civil penalties against mortgage lenders and brokers that violate the MAP Rule. These penalties can include fines and monetary judgments, which are intended to deter companies from engaging in similar conduct in the future.
- Restitution: The FTC can seek restitution for consumers who have been harmed by deceptive or misleading advertising practices, such as returning money to consumers who have been charged for goods or services they did not receive or did not want.
- Cease and desist orders: The FTC can issue administrative cease and desist orders to mortgage lenders and brokers that it has reason to believe are engaging in deceptive or misleading advertising practices. These orders can prohibit companies from continuing to engage in the prohibited conduct or from engaging in similar conduct in the future.
- Disclosure or corrective advertising: The FTC can require mortgage lenders and brokers to disclose information or run corrective advertising to prevent consumers from being misled by deceptive or misleading advertising practices.
- Voluntary compliance: The FTC can work with mortgage lenders and brokers to obtain voluntary compliance, where companies agree to change their practices without formal enforcement action.
- Referral for criminal prosecution: The FTC can refer cases to the Department of Justice for criminal prosecution if it believes that a mortgage lender or broker has engaged in criminal conduct in violation of the MAP Rule.