Compliance

Understanding and Abiding by Regulations Meant to Protect Consumers

5 mins read
October 11, 2017
By
Total Expert

Regulations are in place to ensure consumers understand they are interacting with marketing when they look at advertisements – and consumers expect that marketing is clear, true and not deceptive in any way, shape or form. Consumers also need to understand what the advertisement is telling them about your mortgage loans in regards to availability, rates, etc.

Overview of the Regulations

  • UDAAP (Unfair, Deceptive, or Abusive Acts or Practices) or UDAP (Unfair or Deceptive Acts or Practices): Most prosecutions for lender advertising fall under UDAAP/UDAP, which generally regulates whether the advertisement is clear, concise, and can be read and understood by the least sophisticated of the recipients of the marketing material.  
  • Truth in Lending: Truth in Lending laws and regulations address required disclosures in advertisements for certain types of credit, among other things. There are “trigger terms,” such as “monthly payments” and “interest rates” that require additional disclosures. Required disclosures need to be on all marketing materials, including but not limited to digital, social media and print media.

When loan officers (LOs) and branch managers participate in “rogue marketing” where they are sending out marketing materials without compliance approval, we tend to see violations of UDAAP/UDAP and Truth in Lending laws. In cases of “rogue marketing,” lenders must train, educate and discipline (if necessary) their LOs and branch managers because the potential liability is “spectacular,” according to Mitch Kider, Managing Partner at Weiner, Brodsky, Kider PC.

According to Kider, it is critical to have a centralized compliance review of marketing materials to ensure the requirements of UDAAP/UDAP and Truth in Lending laws are met. Your compliance department needs to be able to review and approve all marketing materials before anything goes out the door.

Related: “The Dangers of Rogue Marketing to Your Mortgage Brand”

Understanding the Current Regulatory Environment

There is a general consensus that the current presidential administration is in a deregulatory mode, and lenders may have hoped that there would be less regulation and enforcement. Instead though, lenders are facing enforcement from more directions, outlined below:  

The Consumer Financial Protection Bureau (CFPB)

The CFPB can enforce UDAAP/UDAP, however they are limited in scope – when they initiate an investigation, it can take two to three years before we see the results of the investigation and enforcement action. One example is the current Zillow investigation, which began in 2015.  

How many lenders and Realtors have been advertising on Zillow since 2015, knew nothing about the CFPB investigation and thought Zillow was fine for their marketing efforts?  

The Federal Trade Commission

The Federal Trade Commission has always had a UDAAP/UDAP law and they prosecute as well.  

State Regulations

In addition, virtually every state has their own form of a UDAAP/UDAP law. Especially in states controlled by the Democratic Party, state banking departments and State Attorneys General are becoming much more vigilant in examining lender marketing materials. Most states are fairly aggressive when it comes to consumer protection.  

Key Focus Areas of Regulators

Three main areas of focus among regulators are:  

  • Fair Lending: The Equal Credit Opportunity Act (ECOA) and the Fair Housing Act (FHA) are in place to protect consumers from unfair or discriminatory lending practices.  
  • Co-Marketing and RESPA: Especially when looking at marketing and advertising, regulators want to know why an LO is co-marketing with someone who is referring business to them. Co-marketing is absolutely legal and permissible if you’re doing it correctly.  
  • UDAAP/UDAP and unfair or deceptive trade practice claims: Regulators are looking at this more so than ever before.  

On a federal level, change comes slowly, but it will come. There will always be consumer protection laws, but they may lessen. Kider predicts lenders will continue to see state regulators and State Attorneys General be very aggressive for a couple potential reasons:  

  • There are some lenders that may be hoping regulations are going away and want a competitive advantage, so Kider sees some things happening that are problematic under the law. Regulators are potentially worried about the perception that regulation enforcement is decreasing and so they are cracking down.  
  • The reality is that most State Attorneys General are elected officials (only some are appointed by the Governor), and going after a mortgage banker or bank makes for great headlines and campaign fodder.  

Lenders may feel they spend significant time and money abiding by burdensome regulations. But it is important to keep in mind that these regulations are meant to protect consumers – individuals and families working hard to save money and buy their dream home. As your organization works to provide the best possible experience for borrowers and homebuyers, this also means strict adherence to regulator policies meant to protect these individuals.

Related: “Best Practices for Managing Marking Compliance at the Enterprise Level“

Understanding the current regulatory environment, the purpose of various laws and key areas of focus by regulators will help your organization engage with consumers and co-market with your partners in compliant ways while still growing your brand at the community level.

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Rather than layering on more tools, USA Mortgage decided to consolidate. They brought all their leads from referral partners, purchased sources, and past customers into a single unified platform: Total Expert's Lead Management.

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1. Customer IQ: identifying opportunities in your existing database

Most loan officers don't excel at proactively reaching out to past customers. They're focused on today's purchase business, and without a system to surface opportunities, past borrowers fade into the background.

Customer IQ changes that. It's a contextual data system that continuously monitors and enriches every contact record in your database. When a borrower experiences a life or market event that creates an opportunity such as a rate drop (refinance window), a credit inquiry from another lender, a debt threshold crossed, a marriage or divorce, Customer IQ spots it and brings it to your team’s attention.

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  • Consistent routing based on originator or branch
  • Automated nurture campaigns for borrowers who weren't ready yet
  • Compliance controls to ensure messaging is consistent and compliant

Suddenly, loan officers could answer three simple questions about every opportunity: Who is the lead? What do they need? Why is the opportunity present right now?

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Even with a unified system and better intelligence, loan officers still can't personally call every past customer when the market shifts. If rates drop and 1,000 borrowers become in-the-money for a refi, even the most efficient lending teams can't operationalize that in the two or three weeks when the market window is open.

Enter AI Sales Assistant, a human-like voice AI that’s powered by Customer IQ’s contextual data and trained on real-world mortgage conversations so it can answer questions, navigate borrower objections, and qualify opportunities.

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  • Initiating outreach to all qualified past customers (potentially in a single day)
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  • Handling objections gracefully (Alec shared the story of a borrower who said "I'm feeling sick, not a good time.” AI Sales Assistant responded with empathy and offered to schedule with the loan officer later, which the borrower accepted)
  • Offering warm transfers to the loan officer for borrowers ready to talk
  • Scheduling meetings on the originator's calendar for qualified leads

This allows loan officers to focus their time on high-quality conversations with informed borrowers, not figuring out who to call or manually working through a database.

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One of USA Mortgage's senior regional VPs shared a success story that perfectly captures the shift:

An experienced loan officer received a credit inquiry alert for a past customer; someone she hadn't worked with in years. The borrower had lost the loan officer’s contact information. But thanks to the alert surfaced by Customer IQ, the loan officer reached out with context and relevance.

The result? A $400K pipeline boost with minimal effort from the loan officer.

This doesn't happen with a generic check-in call. It happens when the loan officer knows why they're calling and has the data to back it up so the outreach feels timely instead of transactional.

The bigger picture: human + AI operating model

What USA Mortgage discovered is that the future isn't human or AI. It's human + AI.

The loan officer remains the relationship owner and builder, the decision-maker, the one who earns trust. But now, they're equipped with:

  • Intelligence about who to engage and why
  • Automation handling the high-volume, time-sensitive outreach
  • Consistency across the entire organization
  • Tools that make their job easier, not harder

Three takeaways

If you're struggling with lead follow-up, originators working in silos, or deals slipping out the back door, here's what to focus on:

1. Strong lead management isn't just about speed—it's about long-term nurturing
Speed matters for converting hot leads, but most conversions happen in the follow-up. Build a nurturing strategy that keeps borrowers engaged from first touch through the next opportunity to serve.

2. Your database is your biggest opportunity; operationalize it like a referral partner lead

‍If you're not connecting data intelligence with lead management, you're leaving deals on the table. Treat past-customer insights with the same urgency and structure as a purchased lead or referral partner referral.

3. Build an enterprise strategy with human + AI models

‍Replace ad-hoc originator habits (spreadsheets, personal reminders, disconnected systems) with a unified, AI-assisted operating model. Consistency across your sales force is what unlocks scale.

Watch the full conversation

Hear how USA Mortgage is using Total Expert to solve their lead management challenges, develop a better understanding of their customers, and engage opportunities at scale.

Ready to explore how a human + AI operating model could transform your originator productivity and customer conversions?

Reach out to your Total Expert Customer Success Manager or book a demo with our team below!

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