Idaho Administrative Code
Title IDAPA 12 - Finance, Department of
Rule 12.01.10 - RULES PURSUANT TO THE IDAHO RESIDENTIAL MORTGAGE PRACTICES ACT
Section 12.01.10.040 - DECEPTIVE ADVERTISING
Universal Citation: ID Admin Code 12.01.10.040
Current through August 31, 2023
01. Advertising. Advertising means making or permitting to be made any oral, written, graphic or pictorial statements, in any manner, in the course of the solicitation of business authorized under the Act. Deceptive advertising is defined to include the following practices by a covered person: (3-31-22)
a. Advertising without clearly and
conspicuously disclosing the business name and unique identifier assigned by
the Nationwide Mortgage Licensing System and Registry (NMLSR) to the covered
person. (3-31-22)
b. Engaging in
bait and switch advertising or misrepresenting, directly or indirectly, the
terms, conditions or charges incident to services authorized under the Act.
Bait and switch advertising, for the purposes of these rules, means advertising
services without the intent to provide them but, rather, to lure a person into
making an application for services and then switch the person from obtaining
the advertised services to other or different services on a basis more
advantageous to the covered person. (3-31-22)
c. Using an address in advertising at which
the covered person conducts no mortgage brokering, mortgage lending, or
mortgage loan origination activities or for which the covered person does not
hold a license. (3-31-22)
d.
Advertising or soliciting in a manner that has the effect of misleading a
person to believe that the advertisement or solicitation is from a person's
current mortgage holder, a government agency, or that an offer is a limited
opportunity, when such is not the case. (3-31-22)
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