All states · Filled 2026-09-17
West Virginia mortgage advertising rules
Adline flags phrases that match cited rules. It does not certify that West Virginia 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.
Scanner status: Index only. The engine cites Washington, Arizona, and Idaho only. This page is an index of retrieved text. The engine does not emit a West Virginia citation.
Regulating agency
West Virginia Division of Financial Institutions
West Virginia Division of Financial Institutions. the statute and rules refer to the Commissioner of Financial Institutions.
Governing statute and administrative code
- [STATUTE] W. Va. Code ch. 31, art. 17. West Virginia Residential Mortgage Lender, Broker and Servicer Act (§§ 31-17-1 to 31-17-20). The advertising section is §31-17-10, titled "Advertising requirements."
- [REGULATION] W. Va. C.S.R. Title 106, Series 5. "Rule Pertaining to Residential Mortgage Lenders, Brokers and Loan Originators" (§§ 106-5-1 to 106-5-16). The advertising section is §106-5-8.
- Second regime: W. Va. C.S.R. Title 106, Series 4. "Rules Pertaining to the WV Regulated Consumer Lenders," plus Series 1 and Series 8 pertaining to the WV Consumer Credit and Protection Act. NOT VERIFIED. Retrieved only the series titles from the Title 106 index and did not retrieve their text. I make no claim about consumer-lender advertising rules in WV.
License and NMLS ID display
Not yet verifiedNOT VERIFIED. no display requirement found.
What Searched: the complete text of W. Va. Code §31-17-10 (the state's only advertising statute, retrieved from the official WV Legislature code site), the complete text of W. Va. C.S.R. §106-5-8 (the rule titled "Advertising"), and the full section-title index of both W. Va. Code art. 31-17 (20 sections) and C.S.R. Series 106-5 (16 sections). Neither the advertising statute nor the advertising rule requires a license number, NMLS unique identifier, or licensee name to appear in advertising. §106-5-8 is a retention rule only (see §6). §31-17-10 is a falsity standard only (see §4).
Prohibited claims
VerifiedA single general standard. but note the unfair-trade-practice characterization, which is the important part:
"It shall be unlawful and an unfair trade practice for any person to cause to be placed before the public in this state, directly or indirectly, any false, misleading or deceptive advertising matter pertaining to primary or subordinate mortgage loans or the availability thereof: Provided, That this section shall not apply to the owner, publisher, operator or employees of any publication or radio or television station which disseminates such advertising matter without actual knowledge of the false or misleading character thereof." — W. Va. Code §31-17-10 [STATUTE]
Attaches to: all advertising matter pertaining to primary or subordinate mortgage loans or their availability. not limited to rates or fees, and not limited to licensees ("any person").
No express ban on "lowest," "best," "cheapest," "guaranteed," "pre-approved," "free," "no cost," or "government" was found in art. 31-17 or C.S.R. 106-5.
Rate advertising
Not yet verifiedNOT VERIFIED. no state-specific rate rule found. There is no "actually available," APR-prominence, or rate-sheet-retention provision in §31-17-10 or C.S.R. 106-5-8. Reg Z §1026.24 and Reg N govern.
Ad filing, prior approval, retention
Verified- No filing or prior approval required.
- Retention. three years, with an express broadcast accommodation:
> "8.1. Every licensed lender and broker shall maintain and keep available for inspection by representatives of the West Virginia Division of Financial Institutions one copy of all advertising material used during the prior three years. > 8.2. If the advertising media is a radio or television broadcast, then a licensee may comply with this requirement by maintaining a copy of the transcript of the advertising." >. W. Va. C.S.R. §106-5-8 [REGULATION] (section titled "Advertising")
Two notes: the obligation is "one copy of all advertising material". unqualified, so unlike Washington it is not limited to ads mentioning rates or fees, and unlike Virginia there is no internet carve-out. And the WV broadcast accommodation is the opposite of Virginia's: WV accepts a transcript; Virginia 10VAC5-160-60(I) requires "recordings of all radio and television broadcasts."
Social media and character-limited media
Not yet verifiedNOT VERIFIED. none found. No social media, texting, electronic-advertising, or abbreviated-disclosure provision appears in §31-17-10 or C.S.R. 106-5-8. Note that §106-5-8.1's "all advertising material" is medium-neutral on its face and would capture social content, but WV provides no medium-specific guidance.
Anything unusual
- "Unlawful and an unfair trade practice." §31-17-10 does not merely prohibit. it characterizes the conduct as an unfair trade practice, which is the statutory hook for the West Virginia Consumer Credit and Protection Act's remedial machinery, including private rights of action. A false mortgage ad in West Virginia is not just a licensing problem; it is a labeled UTP. That is a meaningfully different exposure profile from states where advertising violations are purely administrative.
- The publisher safe harbor has a knowledge condition. Unlike Tennessee's flat exemption for publishers and broadcasters, WV's applies only to a publisher/station that disseminates "without actual knowledge of the false or misleading character thereof." A WV broadcaster put on notice loses the shield. relevant to how a lender responds to a station's compliance query.
- Reaches "any person," directly or indirectly. Unlicensed lead generators and affiliate marketers placing WV mortgage ads are within §31-17-10.
- Transcript-only retention for broadcast materially lowers the archiving burden versus Virginia.
- The statute is old. §31-17-10's bill history runs to the 1967 Regular Session (SB 42), amended 1996 First Special Session (SB 6) and 2000 Regular Session (HB 4139). It predates and does not contemplate digital advertising.
Penalties
Verified"(d) In addition to the authority conferred under this section, the commissioner may impose a fine or penalty not exceeding $2,000 upon any lender or broker required to be licensed under this article who the commissioner determines has violated any of the provisions of this article. For the purposes of this section, each separate violation is subject to the fine or penalty provided in this section. Each day excluding Sundays and holidays, that an unlicensed person engages in the business or holds himself or herself out to the general public as a mortgage lender or broker is a separate violation." — W. Va. Code §31-17-12(d) [STATUTE] (section titled "Grounds for suspension or revocation of license; suspension and revocation generally; reinstatement or new license; penalties and fines for violation of this article")
$2,000 per violation is the lowest administrative cap in this batch (compare Wisconsin and DC at $25,000, Vermont at $10,000, Tennessee at $10,000, Utah at $5,000/$10,000). Note the per-day multiplier in the last sentence applies to unlicensed activity, not to advertising violations generally. §31-17-18 ("Violations and penalties") was not retrieved. NOT VERIFIED for criminal exposure.
Sources
- https://code.wvlegislature.gov/31-17-10/official W. Va. Code §31-17-10 (Advertising requirements) — **OFFICIAL** WV Legislature code site:
- https://code.wvlegislature.gov/31-17-12/official W. Va. Code §31-17-12 (Grounds for suspension/revocation; penalties and fines) — **OFFICIAL**:
- https://code.wvlegislature.gov/31-17/official W. Va. Code art. 31-17 full section index — **OFFICIAL**:
- https://www.law.cornell.edu/regulations/west-virginia/W-Va-C-S-R-SS-106-5-8reproduction W. Va. C.S.R. §106-5-8 (Advertising) — Cornell LII **[SECONDARY republisher of REGULATION]**:
- https://www.law.cornell.edu/regulations/west-virginia/agency-106/title-106/series-106-05reproduction W. Va. C.S.R. Series 106-5 section index — Cornell LII:
- https://www.law.cornell.edu/regulations/west-virginia/agency-106/title-106reproduction W. Va. C.S.R. Title 106 series index (shows Series 106-4 regulated consumer lenders as the second regime) — Cornell LII: