Washington mortgage advertising rules

License and NMLS ID display

Regulation. Guidance is not law.

Last verified 2026-09-17.

Required. CONJUNCTIVE. and the third element is a LINK, which is the part most often missed.

MBPA version, verbatim in full:

"Yes. Companies, including branches, and loan originators must provide the following language, in addition to any other, on web pages, social media pages the licensee controls, or in any medium where the licensee holds themselves out as being able to provide the services: (1) The company's name as entered in the NMLS, the company's license number, and a link to the company's NMLS consumer access website page must be displayed on the company's and any loan originator's primary landing page. (2) If loan originators are named, their license numbers must closely follow the names. An example of closely following is: Your license name followed by your title (if you use one) followed by your license number. See the definition of license number for examples of ways to display your license number. See WAC 208-660-350(25). (3) If the company uses a DBA, the page must also contain the company's name as entered in the NMLS or license number. (4) Compliance with other laws. Website content used to solicit Washington consumers must comply with all relevant Washington state and federal statutes for specific services and products advertised on the website. (5) Oversight. The company is responsible for content displayed on all electronic advertisements used to solicit Washington consumers." — WAC 208-660-446 [REGULATION] (section heading: "When advertising using the internet or any electronic form (including, but not limited to, text messages), is there specific content the advertisements must contain?")

CLA version. substantively identical text at WAC 208-620-622, with two differences: the internal cross-reference is to WAC 208-620-710(26) rather than 208-660-350(25), and subsection (4) says "state and federal laws" rather than "state and federal statutes."

Note also the naming rule that sits behind both: WAC 208-620-620 requires a CLA licensee to "identify the business using your Washington consumer loan name as entered in the NMLS," with an approved DBA usable only "if you include the main office name as entered in the NMLS or license number". that last option is disjunctive ("or"), unlike 446(1)/622(1).

Prohibited claims

Regulation. Guidance is not law.

Last verified 2026-09-17.

Government / affiliation look-alikes. MBPA, WAC 208-660-440(2):

"A licensee is prohibited from advertising with envelopes, stationery, or images in an electronic format that are designed to resemble a government agency mailing or that suggest an affiliation that does not exist."

Examples given: "(a) An official-looking emblem such as an eagle, the Statue of Liberty, or a crest or seal that resembles one used by any state or federal government agency. (b) Images, including those in electronic format, designed to resemble official government communications, such as IRS or U.S. Treasury, or other government agencies. (c) Warnings or notices citing government codes or form numbers not required by the U.S. Postmaster… (d) The use of 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 agency, bank, or other entity that it does not actually represent."

WAC 208-660-440(9) makes affiliation misrepresentation "an unfair and deceptive act or practice and a violation of the act."

CLA adds a product-naming rule the MBPA does NOT have. this is a real divergence:

"(a) Characterizing products as 'government loan programs,' 'government-supported loans,' or other words that may mislead a consumer into believing that the government is guaranteeing, endorsing, or supporting the advertised loan product. Using the words 'FHA loan,' 'VA loan,' or words for other products that are in fact endorsed or sponsored by a federal, state, or local government entity is allowed." — WAC 208-620-630(1)(a) [REGULATION]

That safe harbor for "FHA loan" / "VA loan" is valuable and appears only in the CLA rule. The MBPA's 208-660-440(2) has no equivalent express safe harbor.

"FREE". both regimes, express:

"(3) Is it a violation to advertise that items or services are 'free' when the licensee has paid for the items or services? Yes. Advertising using the term 'free,' or any other similar term or phrase that implies there is no cost to the applicant is deceptive because you can recover the cost of the purportedly 'free' items or services through the negotiation process. See the Federal Trade Commission's Guide Concerning Use of the Word 'Free' and Similar Representations (16 C.F.R. §251.1(g) (2003))…" — WAC 208-660-440(3); materially identical at WAC 208-620-630(8) [REGULATION]

Attaches to: "free" and "any other similar term or phrase that implies there is no cost". so "no cost," "$0 closing costs," and "we pay your fees" are all in scope. The trigger is that the licensee paid for the item or service; the rule's theory is recoverability through negotiation.

Statutory prohibitions. RCW 19.146.0201 [STATUTE]:

"(5) Solicit, advertise, or enter into a contract for specific interest rates, points, or other financing terms unless the terms are actually available at the time of soliciting, advertising, or contracting from a person exempt from licensing under RCW 19.146.020(1)(f) or a lender with whom the mortgage broker maintains a written correspondent or loan broker agreement under RCW 19.146.040;" "(7) Make, in any manner, any false or deceptive statement or representation with regard to the rates, points, or other financing terms or conditions for a residential mortgage loan or engage in bait and switch advertising;" "(10) Advertise any rate of interest without conspicuously disclosing the annual percentage rate implied by such rate of interest;" "(4) Solicit or enter into a contract with a borrower that provides in substance that the mortgage broker may earn a fee or commission through the mortgage broker's 'best efforts' to obtain a loan even though no loan is actually obtained for the borrower;"

Note the precision in (5): the rate must be actually available from a specified counterparty. a government/instrumentality exempt person under RCW 19.146.020(1)(f), or a lender with whom the broker has a written correspondent or loan broker agreement under RCW 19.146.040. A rate scraped from a public rate aggregator is not "actually available" for this purpose.

Rate advertising

Regulation. Guidance is not law.

Last verified 2026-09-17.

APR prominence. both regimes, with a defined standard:

"(4) … The required disclosures in your advertisements must be reasonably understandable. Consumers must be able to read or hear, and understand the information. Many factors, including the size, duration, and location of the required disclosures, and the background or other information in the advertisement, can affect whether the information is clear and conspicuous. The disclosure of the APR must be as prominent or more prominent than any other rates disclosed in the advertisement, regardless of the form of the advertisement." — WAC 208-660-440(4) [REGULATION]

The CLA formulation differs slightly and is worth recording separately:

"The presentation of the disclosure of the APR must be at least equivalent to the presentation of any other rates disclosed in the advertisement." — WAC 208-620-630(2)

Rate-sheet retention. a genuine state-specific obligation beyond Reg Z:

"(5) … How may I establish that an advertised interest rate was 'actually available' at the time it was advertised? 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." — WAC 208-660-440(5) [REGULATION]; CLA equivalent at WAC 208-620-630(3), which drops "the lender's" and says "a copy of supporting rate information."

ORAL quotes are regulated. easy to miss:

"(6) Must I quote the annual percentage rate when discussing rates with a borrower? Yes. You must quote the annual percentage rate and other terms of the loan if you give an oral quote of an interest rate to the borrower. TILA's Regulation Z, 12 C.F.R., Part 1026.26 provides guidance…" — WAC 208-660-440(6); CLA equivalent WAC 208-620-630(4) (which still cross-references the superseded 12 C.F.R. Part 226.26 rather than Part 1026.26 — a stale federal cite inside the current CLA rule).

Discounted rates. CLA ONLY, no MBPA equivalent found:

"(9) How can I advertise a discounted rate? You must clearly and conspicuously disclose in the advertisement at a minimum, the cost of the discount to the borrower and that the rate is discounted." — WAC 208-620-630(9) [REGULATION]

Business cards:

"(8) When I present a business card to a potential borrower, must I make the disclosures required under RCW 19.146.030? No. You are not required to make those disclosures until you accept a residential mortgage loan application, or until you assist a borrower in preparing an application." — WAC 208-660-440(8)

Ad filing, prior approval, retention

Regulation. Guidance is not law.

Last verified 2026-09-17.

• No filing or prior approval required.
• Retention. MBPA, and note the scope limiter:

> "(b) Advertisements. All advertisements placed by or at the request of the mortgage broker that mention rates or fees, and the corresponding rate sheets for the advertised rates. The copies must include newspaper and print advertising, scripts of radio and television advertising, telemarketing scripts, all direct mail advertising, and any advertising distributed directly by delivery, facsimile, or computer network. The record of each advertisement must include the date or dates of publication, the name of the publisher if advertised by newsprint, radio, television or telephone information line, or in the case of a flyer, the dates, methods and areas of distribution." >. WAC 208-660-450(1)(b) [REGULATION] > "(3)(a) You must keep the books, accounts, records, papers, documents, files, and other information relating to the mortgage broker operation for a minimum of three years."

• The retention duty is triggered only by ads "that mention rates or fees." Brand advertising with no price content is outside 450(1)(b) on its text. That is a narrower collection scope than Texas §56.204(c)(7) (all advertisements) or Virginia 10VAC5-160-60(I) (every advertisement).
• Ads placed "at the request of" the broker are captured. agency-placed and affiliate-placed creative is the broker's record.
• Metadata is mandatory, not just the creative: dates of publication, publisher name, and for flyers the dates/methods/areas of distribution.
• Electronic storage requires WORM media: records kept by electronic display equipment must be "stored exclusively in a nonrewritable and nonerasable format," with the hardware/software maintained through the retention period. WAC 208-660-450(5)(b)–(c). A standard cloud DAM with mutable objects does not satisfy this as written.
• Out-of-state records: if the usual business location is outside Washington, the licensee must either keep records at a readily available Washington location or pay DFI's travel expenses (transportation, meals, lodging) to examine them. WAC 208-660-450(4)(b).

Social media and character-limited media

Statute. Guidance is not law.

Last verified 2026-09-17.

Both regimes expressly reach social media and text messaging in the rule title and text, with no abbreviated-disclosure accommodation:

• The section heading of both WAC 208-660-446 and 208-620-622 is: "When advertising using the internet or any electronic form (including, but not limited to, text messages), is there specific content the advertisements must contain?"
• The operative sentence covers "web pages, social media pages the licensee controls, or any medium where the licensee holds themselves out as being able to provide the services."
• Oversight is express: "The company is responsible for content displayed on all electronic advertisements used to solicit Washington consumers.". 446(5) / 622(5).
• URLs as marketing names: "Yes, provided that the URL address does not misrepresent the identity of your company or contain any misleading, deceptive, or otherwise prohibited language. URL addresses may be used as DBA names upon request to and approval from DFI.". WAC 208-660-445; identical at WAC 208-620-621.
• No character-limited-media relief. Washington requires the three 446(1) elements on the "primary landing page," which is a placement rule that in practice works for profile-based social but gives no relief for SMS or a 280-character post that is itself the solicitation.

Penalties

Statute. Guidance is not law.

Last verified 2026-09-17.

MBPA. RCW 19.146.220 [STATUTE]:

"(2) The director may impose fines and order restitution and refunds against licensees, employees, independent contractors, agents of licensees, and other persons subject to this chapter, and may deny, condition, suspend, decline to renew, decline to reactivate, or revoke licenses for: (a) Violations of orders, including cease and desist orders; … (e) Any violation of this chapter." "(5) Each day's continuance of a violation or failure to comply with any directive or order of the director is a separate and distinct violation or failure."

The statute also authorizes cease-and-desist orders (subsection (3)) and removal/prohibition orders against officers, principals, employees, or loan originators (subsection (4)). The per-violation MBPA fine amount is NOT VERIFIED. RCW 19.146.220 as retrieved contains no dollar figure; any cap would sit in WAC ch. 208-660, which Did not retrieve on this point. Do not publish an MBPA dollar figure from this batch.

CLA. RCW 31.04.093 [STATUTE]:

"(4) The director may impose fines of up to one hundred dollars per day, per violation, upon the licensee, its employee or loan originator, or other person subject to this chapter for: (a) Any violation of this chapter; or …"

Also authorized: refund or restitution to a damaged borrower, and refund of "all fees received through any violation of this chapter."

The two regimes' penalty structures differ materially. CLA is a specified $100/day/violation; MBPA is an unspecified fine amount with an express per-day multiplier. Another reason the MBPA and CLA rows must not be merged.