NJ DOBI Bulletin 2007-19
Definition of "Solicitation" for Purposes of P.L. 2007, c. 51, Codified at N.J.S.A. 17:16Y-1 et seq.
State of New Jersey
DEPARTMENT OF BANKING AND INSURANCE
DIVISION OF BANKING
PO BOX 040
TRENTON, NJ 086250040
JON S. CORZINE
STEVEN M. GOLDMAN
Governor
Commissioner
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BULLETIN NO. 0719
TO:
ALL NEW JERSEY LICENSED MORTGAGE BANKERS,
CORRESPONDENT MORTGAGE BANKERS, MORTGAGE BROKERS,
SECONDARY LENDERS AND REGISTERED MORTGAGE SOLICITORS
FROM:
STEVEN M. GOLDMAN, COMMISSIONER
RE:
DEFINITION OF “SOLICITATION” FOR PURPOSES OF
P.L. 2007, c. 51, CODIFIED AT N.J.S.A. 17:16Y1 ET SEQ.
The Department of Banking and Insurance (“Department”) is notifying entities regulated under
the New Jersey Licensed Lenders Act (the “Act”), N.J.S.A. 17:11C1 et seq., of its view of the meaning
of the term “solicitation” as used in P.L. 2006, c. 51, codified at N.J.S.A. 17:16Y1 et seq. Section 5 of
this new law provides that the Department shall promulgate regulations as necessary to effectuate its
purposes.
The Department is aware of uncertainty in the marketplace about the scope of the term
“solicitation” in the new law, and of the potential chilling effect of such uncertainty on legitimate
business activities, arising from the prohibition against using a customer’s loan number, loan amount or
other specific loan information in a solicitation. In these circumstances, I have concluded that it is
appropriate to advise the regulated community of the Department’s views on the term “solicitation” as
used in Section 5 of the new law prior to the promulgation of rules.
In 2003, the Department issued Bulletin No. 0318 disapproving certain advertising practices that
are now expressly prohibited by the new law. Consistent with that earlier bulletin and with the intent of
the new law, we view the advertising activities and the solicitation activities subject to the new law as co
extensive. Thus, we view the term “solicitation” to refer to initial or “cold” contacts with consumers
through print, electronic, telephonic, facsimile, or any other form of communication. Thus, the
Department does not view subsequent contacts with consumers, conducted at the consumer’s request, as
constituting “advertisement” or “solicitation” within the meaning of P.L. 2007, c. 51. The Department
intends to propose regulations so providing in the coming months. Until such rules are adopted, licensees
should be guided by this Bulletin and share the information contained herein with the mortgage solicitors
registered with them.
__9/18/07__
/s/ Steven M. Goldman
Date
Commissioner
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