Adline

All states · Filled 2026-09-17

Arkansas mortgage advertising rules

Reference only

Adline flags phrases that match cited rules. It does not certify that Arkansas marketing is compliant. We flag and cite. We never certify. This is not legal advice. Whether a rule reaches you depends on your license type. Federal Reg Z and Reg N still apply.

Reference only. Arkansas rules are written down here. The engine does not scan for them yet. The engine cites Washington, Arizona, and Idaho only.

Regulating agency

Arkansas Securities Department.

Last verified 2026-09-17.

Arkansas Securities Department. (Unusually, mortgage licensing in Arkansas sits with the securities regulator, not a banking department.) [OFFICIAL. securities.arkansas.gov]

NMLS and license display: Conjunctive and disjunctive elements.

Governing statute and administrative code

Last verified 2026-09-17.

  • Arkansas Fair Mortgage Lending Act, Ark. Code Ann. §§ 23-39-501 to -518 [STATUTE] [OFFICIAL]
  • Rules of the Fair Mortgage Lending Act, codified at **23 CAR § 301-1001 *et seq.* Regulation [OFFICIAL]. Advertising rule: 23 CAR § 301-1201**.

License and NMLS ID display

Verified

Statute. Guidance is not law.

Last verified 2026-09-17.

REQUIRED. Ark. Code Ann. § 23-39-510(c) [STATUTE] [OFFICIAL. securities.arkansas.gov PDF]:

"The unique identifier of a person soliciting or originating a mortgage loan shall be clearly shown on all mortgage loan application forms, solicitations, advertisements, business cards, websites, and any other document or medium established by rule or order of the commissioner."

Conjunctive/disjunctive: Media list is conjunctive and unusually broad. it separately enumerates business cards and websites as standalone required media, and adds an open-ended "any other document or medium" hook giving the commissioner authority to extend by order. Content: unique identifier only; no separate company-name or state-license-number mandate located.

Note the trigger is "soliciting or originating". it reaches lead-generation-stage solicitations, not just origination.

Prohibited claims

Verified

Regulation. Guidance is not law.

Last verified 2026-09-17.

23 CAR § 301-1201(c) [REGULATION] [OFFICIAL]. nine enumerated advertising practices that violate Ark. Code Ann. § 23-39-513(7):

"(1) Advertising that states that mortgage loans will be made within a specified time after the mortgage loan application is received"
"(2) Advertising that makes claims that cannot reasonably be fulfilled or supported"
"(3) Advertising that indicates that mortgage loans are available to borrowers with 'previous bankruptcy', 'no credit', 'bad credit', or similar language, unless the advertisement clearly explains any limitations that apply, or states that 'certain limitations apply, call for details'"
"(4) Advertising that may indicate or imply that interest rates or charges for loans are in any way 'recommended', 'approved', 'set', or 'established' by the State Securities Department or Fair Mortgage Lending Act"
"(5) Advertising with envelopes or stationery that contain an official-looking emblem designed to resemble a government mailing"
"(6) Advertising that uses the borrower's current loan information shall be deemed misleading unless the advertisement includes a statement that the advertiser is not affiliated with the borrower's lender"
"(7) Advertising that indicates the consumer's ability or likelihood to obtain a refinancing or modification of any mortgage credit product or term"
"(8) Advertising that indicates the consumer's ability or likelihood to obtain any mortgage credit product or term"
"(9) Any other advertising that is misleading or deceptive"

Analysis of what attaches to what:

  • "Pre-approved" / "you qualify" language is squarely hit by (7) and (8). These two are framed as flat prohibitions on *any* advertising indicating the consumer's "ability or likelihood to obtain" a product, term, refinance, or modification. Read literally this is one of the broadest pre-qualification-claim bans in the country. Practical read: Arkansas is a no-"you're pre-approved" state.
  • "Guaranteed closing in N days" is hit by (1).
  • Superlatives are hit by (2). a substantiation standard ("cannot reasonably be fulfilled or supported"), not a word ban.
  • "Government" is hit by (4) and (5). (4) attaches to *rate/charge* claims implying state endorsement; (5) attaches to the physical look of envelopes/stationery.
  • Credit-challenged marketing is hit by (3). this is the safe-harbor phrase provision. A minimum font size (reported as 8-point) for the "certain limitations apply, call for details" legend was reported in one retrieval but did NOT appear in the verbatim text I obtained. FONT SIZE: NOT VERIFIED. re-pull 23 CAR § 301-1201(c)(3) before relying on any point-size requirement.
  • Trigger leads are hit by (6).

Definition of "advertisement". 23 CAR § 301-1201(a) [REGULATION] [OFFICIAL]:

"An advertisement includes any printed or published material, or descriptive literature concerning a mortgage loan to be solicited, processed, negotiated, or funded by a licensee or exempt entity whether disseminated by direct mail, newspaper, magazine, radio or television broadcast, electronic mail, or other electronic means, billboard, or similar display."

Note: "electronic mail, or other electronic means". email and digital are expressly in scope.

Exclusion. 23 CAR § 301-1201(b): materials prepared or authorized by a state or federal government agency, and material excluded from Federal Reserve Board consumer-credit-disclosure regulation, are not "advertisements."

Rate advertising

Verified

Statute. Guidance is not law.

Last verified 2026-09-17.

Ark. Code Ann. § 23-39-513(5) [STATUTE] [OFFICIAL]:

"To advertise mortgage loans, including rates, margins, discounts, points, fees, commissions, or other material information without disclosing the lengths of the loans, whether the interest rates are fixed or adjustable, and any other material limitations on the loans"

This is a hard, affirmative content mandate. Any Arkansas ad touching rates/points/fees must also disclose: (a) loan term length, (b) fixed vs. adjustable, and (c) any other material limitations. Reg Z's trigger-term rules do not independently require a fixed-vs-adjustable statement in all such ads. Treat this as an Arkansas-only required-disclosure triple.

Ad filing, prior approval, retention

None found

Regulation. Guidance is not law.

Last verified 2026-09-17.

No prior approval or filing requirement located.

RETENTION. REQUIRED. 23 CAR § 301-1002(d)(1) [REGULATION] [OFFICIAL] requires the licensee to maintain *"copies of all advertisements used by the licensee in Arkansas."* RETENTION PERIOD: NOT VERIFIED. Did not retrieve the governing period from § 301-1002. Re-pull before publication.

Social media and character-limited media

None found

Statute. Guidance is not law.

Last verified 2026-09-17.

NOT VERIFIED as a distinct guidance topic. However, the definition of "advertisement" expressly captures "electronic mail, or other electronic means," so digital and social are in scope by definition. No abbreviated-disclosure or character-limit accommodation exists. which, combined with § 23-39-513(5)'s three-part rate-ad disclosure triple, makes a compliant Arkansas rate post on a character-limited platform very hard.

Anything unusual

Last verified 2026-09-17.

  • (7) and (8) are the sleeper. A near-total ban on advertising a consumer's "ability or likelihood to obtain" credit. Standard national creative. "See if you pre-qualify," "You may already be approved," "Get your approval in minutes". is exposed in Arkansas in a way it is not in most states. This is the highest-value single finding for Arkansas.
  • Mortgage regulator is the Securities Department, which means enforcement culture, order formats, and where you look for precedent all differ from a banking-department state.
  • § 23-39-513(18) separately regulates mortgage trigger leads, reportedly requiring disclosure of the loan officer's identity, how the consumer's contact information was obtained, and that the solicitation seeks new business. PARAPHRASE. NOT VERBATIM; re-pull § 23-39-513(18). This overlaps but is not identical to rule (c)(6).
  • The Act was amended effective August 5, 2025. always work from the current published version, not a cached one.

Penalties

Verified

Statute. Guidance is not law.

Last verified 2026-09-17.

Ark. Code Ann. § 23-39-514 [STATUTE] [OFFICIAL]:

  • § 23-39-514(b)(2): civil penalty up to "$10,000 for each violation"
  • § 23-39-514(e)(3)(A): up to "$25,000 for each violation of the commissioner's cease and desist order"

Sources

---

Sources

Last verified 2026-09-17. Official means the legislature, the official administrative-code publisher, or the regulator. Reproduction is not the official publisher.