What State Regulators See When They Look at Your Marketing

With the recent shift in the presidential administration and the changes occurring at the CFPB, there is a growing narrative in the industry that regulators are not focused on marketing or social media. That is not what we are hearing.

In a recent Compliance & Coffee webinar, Jeremy Windham of the Alabama Banking Department was unequivocal on this point, responding to those claims with a simple: "I say false, false, and false."

Marketing Compliance Is Still in Scope

With the recent shift in the presidential administration and the changes occurring at the CFPB, there is a growing narrative in the industry that regulators are not focused on marketing or social media.

That is not what we are hearing. Despite some chatter in the industry suggesting that regulators have deprioritized marketing reviews, the reality is quite the opposite. Windham was unequivocal on this point, responding to those claims with a simple: "I say false, false, and false." Windham made clear that while he may not be scrolling through social media in his free time, tips from his network mean that problematic posts still find their way to his desk. Once they do, swift action follows.

His advice to loan officers and compliance teams alike centers on a few non-negotiables: ensure any advertised rate includes the APR, and make sure that rate is actually available — "Don't go out there quoting rates that are not there." When it comes to referral relationships with real estate agents, Windham was equally direct, warning that posts tagging a lender for gifts or outings are essentially an open invitation for scrutiny — "That's just telling the world... We want the receipts." The bottom line, as Windham put it, is straightforward: "Operating honestly and fairly is what we're looking for." Marketing compliance isn't a box to check — it's a window into how a company conducts its business, and regulators are still very much looking through it.

Common marketing compliance findings on a state exam include:

• Rates without the APR disclosure

• UDAAP concerns through the use of superlatives

• State licensing information not present

• Claims that do not reflect actual offerings, such as unfounded scenario advertising

While these are not complex violations, they are certainly preventable ones.

Watch the Full Conversation

Hear it straight from a state regulator. In this Compliance & Coffee session, Jeremy Windham of the Alabama Banking Department walks through exactly what examiners are looking for — including what loan officers are getting wrong in their marketing right now. Watch it on demand before your next post goes live.

Watch the webinar on demand!