Published on February 16, 2026
The state of Washington has recently increased regulatory scrutiny of mortgage licensees, with a noticeable rise in citations issued under WAC 208-660-446. For state regulated licensees, this trend serves as a clear reminder: advertising and marketing practices remain a top examination priority.
Below are the most common findings from recent Washington exams — and what your institution should be reviewing right now.
1. Prohibited Superlative Advertising Claims
One of the most frequent violations involves the use of misleading superlatives such as:
- “Best”
- “Lowest”
- “Lowest rate”
- “Best deal”
Under WAC 208-660-446, these phrases are strictly prohibited when describing rates, fees, or loan programs unless they can be fully substantiated — and in Washington’s case, regulators generally view these terms as inherently misleading. Even with qualifiers like “best rates for your circumstances”, Washington examiners are clear: avoid superlatives in mortgage advertising.
Compliance Tip: Review all ad campaigns – including website pages and social media posts – for prohibited superlative language.
2. Unsubstantiated Promotional Claims
Another recurring finding is the use of promotional claims that cannot be fully supported. Statements like this often omit critical conditions, limitations, or timing nuances. If a claim cannot be universally supported for all consumers — or lacks clear disclosures — it creates regulatory risk. Such as:
- “Skip at least One Mortgage Payment” - claiming a borrower can “skip” mortgage payments is misleading, when the “skipped” payment is actually added to the term of the new loan.
- “I offer every mortgage product possible for every scenario imaginable and with unbeatable pricing” – an unsubstantiated claim to entice consumer interest.
Compliance Tip: Ensure every promotional claim:
- Is factually accurate
- Applies broadly to the consumers historically served by the institution (or clearly discloses limitations)
- Is supported by internal documentation that can be presented to examiners upon request
3. Testimonials and Consumer Reviews
Testimonials remain an area of heightened regulatory attention. Examiners have cited institutions for displaying, or “repurposing”, consumer reviews on their websites or social media that contain prohibited phrases such as:
- “Best deal”
- “Lowest rate”
While companies may not control reviews posted on third-party platforms, they do control:
- What reviews are reposted on social media
- What reviews appear on their website
- What reviews are highlighted on marketing content
If your institution republishes a testimonial containing prohibited language, it becomes your advertisement — and therefore your compliance responsibility.
Compliance Tip: Implement a formal testimonial review process before reposting or embedding reviews or outline clear guide rails in your marketing compliance policy for this practice. 
4. Missing Link to NMLS Consumer Access
Another common finding is failure to include a link to: nmlsconsumeraccess.org. Washington requires clear consumer access to licensing information in an effort to support consumer visibility & choice into who they elect for services. The link must be visible and functional across applicable webpages and digital marketing channels.
Compliance Tip: Confirm the NMLS Consumer Access link is:
- Present on website footers
- Included on social media profile pages
- Tested regularly for functionality
5. Missing Legal Business Name
Examiners have also cited companies for failing to display the institution’s true legal business name on websites and social media profiles. Even if you operate under a DBA registered with the Secretary of State (SOS) and that DBA appears in NMLS Consumer Access, the company’s full legal name must still always be displayed.
This applies to:
- Corporate websites
- Branch pages
- Social media profiles
- Marketing materials
Compliance Tip: Conduct a branding audit to ensure your legal name appears consistently alongside any DBA and provide coaching internally to production staff on this topic.
Why This Matters Now
Washington regulators are clearly prioritizing advertising compliance. Small wording choices and minor omissions are leading to exam findings, costly enforcement action, and even potential loss of licensure. Mortgage compliance extends across the full surface of a brand, including:
- Social media
- Consumer Reviews
- Promotional messaging
- Website pages
- Brand presentations
Preparing for Your Next Washington Exam
Proactive monitoring is a critical component of the compliance narrative to regulators. Automated advertising review tools can help identify:
- Prohibited superlative claims
- Risky promotional language
- Non-compliant testimonials
- Missing NMLS links
- Incomplete legal name disclosures
ActiveComply can help you identify these issues before your next Washington exam. Reach out to hello@activecomply.com to learn more about how to assess your current WA compliance risk today.