Montana mortgage advertising rules

License and NMLS ID display

Statute. Guidance is not law.

Last verified 2026-09-17.

[STATUTE] Mont. Code Ann. § 32-9-149(4): "In any printed, published, e-mail, or internet advertisement for the provision of services, the following information must be included: (a) a name and unique identifier for a mortgage loan originator advertising as an individual; or (b) the name and unique identifier only of the licensed entity when the licensed entity is advertising on its own behalf or as an entity with one or more mortgage loan originators listed."

This is disjunctive between (a) and (b), but each branch is internally conjunctive (name AND unique identifier). Note the effect of (b): when the entity advertises. even if it lists individual MLOs. the statute requires only the entity's name and unique identifier.

[REGULATION] ARM 2.59.1759(3) then tightens this for Internet/electronic advertising: "A licensee must provide the following in any Internet or electronic advertising: (a) the licensee's name as entered into NMLS and NMLS unique identifier; and (b) if loan originators are named, their NMLS unique identifier must closely follow the names." So online, if you name an MLO, that MLO's NMLS ID must appear and must "closely follow" the name. Conjunctive.

[REGULATION] ARM 2.59.1759(4)–(6) add three obligations found nowhere else in batch 3:

• "(4) A licensee must provide a link to their own NMLS Consumer Access webpage on any of its websites."
• "(5) If a loan originator maintains a separate website used in any way for or related to mortgage origination activity, the sponsoring licensee's name and NMLS unique identifier must appear on the website."
• "(6) All web addresses used by licensees must be disclosed by the entity in their NMLS record."

[STATUTE] § 32-9-149(1) also bars operating "under a name other than the name licensed by the department."

Prohibited claims

Regulation. Guidance is not law.

Last verified 2026-09-17.

[REGULATION] ARM 2.59.1758(2): "An advertisement is false, deceptive, or misleading, if it: (a) describes rates or fees as 'lowest,' 'best,' or other similar words unless the statement is objectively true; (b) uses the term 'free,' or any other similar term or phrase that implies there is no cost to the applicant; (c) offers to procure, arrange, or otherwise assist a borrower to obtain a mortgage loan on terms which the person cannot, does not intend, or does not want to provide, or which the person knows or should know cannot be reasonably provided; (d) suggests or represents that all or most borrowers may or will qualify for a loan or that persons with bad credit histories or no credit histories may or will qualify for this loan unless the person can demonstrate that borrowers with bad credit or no credit have been routinely and successfully qualified for loans by that licensee; or (e) fails to disclose that a loan has the potential for negative amortization...". and if it does, the ad "shall clearly identify that potential and shall prominently disclose the: (i) market or fully indexed rate; (ii) term of the reduced payments; (iii) term of the entire loan; and (iv) annual percentage rate (APR)."

Scope note, and it matters: (a) attaches only to "rates or fees". it is not a general superlative ban. "Best service in Montana" is not reached by (a). (b) attaches to "free" and any similar no-cost implication, with no "objectively true" escape hatch written into it. unlike (a). Read literally, (b) is an unconditional ban on "free" in a mortgage advertisement. (d) shifts a demonstration burden onto the licensee.

[STATUTE] § 32-9-149(2)(a): a licensee may not "advertise that an applicant has unqualified access to credit without disclosing that material limitations on the availability of credit may exist, such as the percentage required as a down payment, that a higher interest rate or points could be required, or that restrictions as to the maximum principal amount of the mortgage loan offered could apply." [STATUTE] § 32-9-149(2)(e): a licensee may not "falsely advertise or misuse names in violation of 18 U.S.C. 709" (the federal statute barring false advertising using names of federal agencies and insured institutions). Montana incorporates a federal criminal statute by reference into its licensing law.

Government-affiliation ban. extremely detailed. [REGULATION] ARM 2.59.1758(3): a licensee "shall not use advertising materials for the purpose of conveying, or in a manner reasonably calculated to convey, a false impression of sponsorship or approval by a federal, state, or local government agency or in a manner that suggests any affiliation that does not exist," including ads that include:

• "(a) an official-looking emblem, logo, crest, or seal that resembles one used by any state or federal government agency. Such emblems may include an eagle, flag, the Statue of Liberty, or a crest or seal...";
• "(b) images... designed to resemble official government communications, such as communications from the Internal Revenue Service or U.S. Treasury...";
• "(c) warnings or notices citing government codes or form numbers not required by the United States Postal Service to be shown on the mailing;"
• "(d) the term 'official business,' or similar language implying official or government business, without also including the name of the sender;"
• "(e) any suggestion or representation that the solicitor is affiliated with any state or federal agency, municipality, federally insured financial institution, trust company, building and loan association, or other entity that it does not actually represent;"
• "(f) any suggestion or representation that the solicitor is any entity other than the sender itself."

Rate advertising

Statute. Guidance is not law.

Last verified 2026-09-17.

[STATUTE] § 32-9-149(2)(b): a licensee may not "advertise a mortgage loan with a prevailing interest rate indicated in the advertisement unless the advertisement specifically states that the interest rate could change or not be available at the time of commitment or closing." This is an affirmative, mandatory "rates subject to change" statement, triggered by any prevailing rate in the ad. It is a state-law requirement with no federal analogue in Reg Z.

[STATUTE] § 32-9-149(2)(c): may not "advertise mortgage loans, including interest rates, margins, discounts, points, fees, commissions, or other material information, including material limitations on the mortgage loans, unless the licensee is able to make or broker the offered mortgage loans to a reasonable number of qualified applicants."

[REGULATION] ARM 2.59.1758(5): "A licensee shall not advertise an interest rate unless that rate is actually available at the time of the advertisement. Whenever a specific interest rate is advertised, the mortgage broker must retain a copy of the lender's rate sheet, or other supporting rate information, and the APR calculation for the advertised interest rate."

[REGULATION] ARM 2.59.1758(6): "Licensees are responsible for the legality, accuracy, and reliability of their advertising." No vendor/agency defense.

Social media and character-limited media

Regulation. Guidance is not law.

Last verified 2026-09-17.

[REGULATION] ARM 2.59.1759(1): "For the purpose of this rule, 'Internet' means the Internet, the World Wide Web, or Internet-based electronic information distribution networks, and any derivative delivery systems or evolutions of such delivery systems... including, but not limited to, websites, e-mail, text messaging, multimedia advertising, social media, and/or banner advertisements."

[REGULATION] ARM 2.59.1759(2): "Licensees who engage in any form of Internet or electronic advertising shall comply with the requirements of this rule. This rule does not apply to traditional forms of advertising or promotion, such as newspaper, television, or radio advertisements, or direct mailings."

[REGULATION] ARM 2.59.1759(7): "Internet or electronic advertising content used to solicit Montana consumers must comply with all relevant Montana state and federal statutes for specific services and products advertised."

No abbreviated-disclosure accommodation for character-limited media was located. NOT VERIFIED. and the practical consequence is severe: a Montana-targeted text message or social post must carry the licensee's NMLS name and unique identifier, any named MLO's ID immediately following the name, and, if a prevailing rate appears, the "rate could change or not be available" statement.

Penalties

Statute. Guidance is not law.

Last verified 2026-09-17.

[STATUTE] Mont. Code Ann. § 32-9-133(1): after 14-day written notice and hearing or opportunity for hearing, for a violation of the part, rules, orders, failure to report, false information, or unlicensed operation, "the department may impose a civil penalty not to exceed $5,000 for the first violation and not to exceed $10,000 for each subsequent violation." § 32-9-133(2): the department may order restitution, reimbursement of the department's costs, and revocation/conditioning/suspension. § 32-9-133(3): control persons, partners, officers, directors and "any person who participates or materially aids in the violation is liable jointly and severally with and to the same extent as the person committing the violation" where they "knew or in the exercise of reasonable care should have known" the relevant facts. [STATUTE] § 32-9-149(3) and (5) give the department rulemaking authority to define false/deceptive/misleading advertising and to set Internet/electronic advertising requirements. the authority under which ARM 2.59.1758 and 2.59.1759 were adopted.