NJ DOBI Bulletin 2003-18
Advertising Practices
State of New Jersey
DEPARTMENT OF BANKING AND INSURANCE
DIVISION OF BANKING
PO BOX 40
TRENTON, NJ 08625-0040
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JAMES E. MCGREEVEY
Governor
HOLLY C. BAKKE
Commissioner
BULLETIN NO. 03-18
TO:
All Mortgage Brokers and Bankers
From: H. Robert Tillman, Director, Division of Banking
RE:
Advertising Practices
The Department of Banking and Insurance (“Department”) has received several
complaints concerning marketing materials used by prospective lenders that contain
statements referring to a customer’s existing mortgagee by actual name (e.g. “ABC Bank,
Mortgage Co. or other Lender”) in a way that implies: (1) an affiliation between the
named mortgagee and the prospective lender associated with the marketing materials,
where no affiliation exists; or (2) that the named mortgagee submitted the named
customer’s existing mortgage to the prospective lender for review, where no such
submission occurred.
The Department is issuing this Bulletin to advise lenders that the Department
disapproves of these types of statements in advertisements, and that if the Department
determines that including such statements in advertisements is deceptive or misleading
advertising, as defined in N.J.A.C. 3:2-1.4, the Department will impose penalties as
authorized by law, including the issuance of a cease & desist order, and/or license
suspension.
8/15/03
/s/ H. Robert Tillman
Date
H. Robert Tillman
Director
Division of Banking
jc03-18/inoord