Misleading mortgage ads on the way out?
Posted: Wednesday, September 12 at 05:00 am CT by Bob Sullivan
Those overly aggressive mortgage ads might be going away after all.
On Tuesday, the Federal Trade Commission announced it had informed 200 mortgage advertisers and media companies that they had published at least one mortgage ad that was "potentially deceptive" and warned them to change their ways.
Without discussing any specific advertisements, FTC officials said the law governing mortgage loans is clear: If any interest rate is quoted in an ad, the true annual percentage rate must also be quoted "as conspicuously" as any other rate. That means any loan promising 1 or 2 percent teaser rates or small monthly payments and then publishes the real rates and payments in smaller print is in violation of the law, according to Lucy Morris, senior attorney in the FTC's Bureau of Consumer Protection.
Anyone who's seen Internet mortgage ads recently will no doubt be surprised by that strict interpretation.
Meanwhile, mortgage advertisements published by LowerMyBills.com and featured last week in a recent Red Tape Chronicles story were changed significantly on Monday. Last week, the ads hawked loans with extremely low monthly payments that critics called misleading, such as a $145,000 loan for under $499 per month. The ads, which appeared on MSNBC.com and on many other Internet sites, also included the words "As featured on the Oprah Winfrey Show." The advertisements have now dropped the reference to Oprah, and offer more modest terms, such as $90,000 for $499 each month.
LowerMyBills.com did not respond to requests for comment. It is unclear if LowerMyBills, which is owned by credit bureau Experian, received a letter from the FTC letter.
There was no shortage of potential targets. FTC officials found this summer that mortgage ads potentially in violation of both the Truth in Lending Act and the Federal Trade Commission Act were being widely published. That finding led the agency to write the stern warning letter sent out this week.
"Advertisements that promote only the most attractive loan terms, such as low payments or rates during a loan's initial period, without adequate disclosure of other important terms, may violate the FTC Act and/or the TLA," the letter said. "We have not determined whether your company is in violation of the law. However ... your advertisement has been preserved for future reference. By sending you this notice, we do not waive the right of the Commission to take action against you."
"We focused on advertisements that were touting very low rates or very low payments," Morris said. "And that weren't disclosing the full story as required under the law."
Small print not good enough
Morris said she couldn't discuss any specific advertisement, adding that "every ad is different."
But because the FTC Act requires that important terms be displayed "clearly and conspicuously," small print disclosures of terms and high-speed radio disclaimers often don’t satisfy legal requirements, she said.
Consumers who feel they've seen a deceptive advertisement can fill out a complaint at FTC.gov.
Consumers cannot, however, sue over deceptive advertising. Truth in advertising laws can only be enforced by government regulators, said Michael Calhoun, director of the Center for Responsible Lending.
That means consumers should "ask lots of questions" about mortgages and pay particular attention to any loan's annual percentage rate, Morris said. The agency has posted a consumer alert with much more information on deceptive mortgage ads.
Click for related coverage:
Ads touting risky mortgages still plentiful
FTC cracks down on deceptive mortgage ads
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It's about time! I doubt they will govern it as they should....
Maria Secor, Holiday, FL (Sent Sep 12, 2007 6:12:22 AM)
As always, I think companies that engage in deceptive practices to 'trick' consumers into buying a product or service are deplorable. But, I also think we, as consumers, have the duty to read the fine print and to educate ourselves to the point where we know exactly what we are getting. It's time for people to wake up - the people who fall for these tactics are usually people who want something for nothing, and they end up paying more in the end every time. There is no free ride! Read the fine print and pay a fair price and you'll do better than chasing after some fantasy.
jonbad (Sent Sep 12, 2007 8:02:16 AM)
WE.WANT OLDER PEPOLE.TO STAY.IN.TEASRERE HOMES.AS LONG ASPOSEBEL DO TO MODER TECNOLIGEY WE ARE LIVING,LONGER.
ANOMIS (Sent Sep 12, 2007 9:03:30 AM)
I think it is about time they finally cracked down on these ads. I just recently bought a house and had to do some loan shopping. Comparing real rates to these advertised rates is amazing. I would think only suckers would fall for them. I think that is what the advertisers are counting on that.
Now it is time the FTC cracks down on the fine print used by everyone else.
(Sent Sep 12, 2007 10:13:39 AM)
The parctices of inticing consumers to lower interest rates without full disclosure are common place. The fine print on the ads does not even come close to disclosing to the consumer what they are getting themselves into. Many of the loan material conceals hidden costs, balloon paymnets or other hidden requirements along with the promise of low payments and interest rates. I do not agree with their advertisement tactics or not disclosing the informaiton, but if you fail to read the documentation sent to you by the lender and sign away on the dotted line, then it is the fault of the consumer for not properly researching the lender or carefully reading the documentation.
Niberkanitz, Sacramento, CA (Sent Sep 12, 2007 10:27:06 AM)
It's about time but it's still about two years too late. These ads have been out there since 2003 and it's one of the reasons people are in the loans they are in now. It's a shame when common sense is thrown out the window so some corporate individuals and keep their shareholders happy. Are they still happy to know the companies they invested in hawked horrible loan programs that are now forcing people out of their homes? Personal responsibility is important, but in most cases the borrowers were not being told truthful payment terms and they didn't know to ask. I hope the FBI looks in to all of the mortgage brokers and lenders and go over the loan applications and fine all of the originators that LIED to get people in to loans.
(Sent Sep 12, 2007 10:32:46 AM)
The subprime and "too aggressive" mortgage lending debacle has now been going on for at least 2 years. Finally the FTC decides to look at the marketing campaigns that are at the heart of this mess. Why did it take them so long?
Brian H Charlotte NC (Sent Sep 12, 2007 11:35:46 AM)
Greedy idiots who got mortgages they knew they couldn't afford are one thing... This is outright bait-and-switch fraud, and I hope the FTC is able to crack down on these grifters.
Ann, Kansas City MO (Sent Sep 12, 2007 12:51:04 PM)
That's ok. These companies are changing their ads. Now I hear radio ads promising information on "homes for as low as $199 a month", later claiming these are 'previously foreclosed homes priced to sell'. "As low as $199 a month?" asks a prospective customer. "As low as $199 a month" answers the sales agent.
John Doe, Seattle, WA (Sent Sep 12, 2007 1:08:02 PM)
Again this comes back to the old "if it sounds too good to be true..." mantra. Does anyone (especially the experienced home owner mentioned in the article) really believe that you can get a $350K loan for $1,000 per month?? Obviously if that's the case there is something going on other than a loan that pays principle and interest. Do the math people!! Also, don't wait until your payment goes up $300-$400 per month to read your loan papers. There is a three day recision period with all refinance loans. This is designed as a cooling down period and an opportunity for you to review the documents. I simply don't buy the "I didn't know" excuse from homeowners. Until consumers take care of their own finances I think the government should stay out. You've made your bed now it's time to lay in it.
Andrew, Minneapolis (Sent Sep 12, 2007 1:45:29 PM)
Why don't you do an investigation into and write an article about the tactics the pre-paid/reloadable credit card industry, with the blessing of banks, uses to exploit the poor and the seperate.
As an online marketing expert, who refuses to work with payday loan/credit card companies, I am well aware of the scummy tactics used by these companies.
For a beginners course, search, Edebitpay.com and Edpreporting.com. Read through the countless Ripoffreports.com complaints about the company and the FTC filings against the company and you'll want to weep.
(Sent Sep 12, 2007 2:28:16 PM)
I bought a house last year using a 15year Fixed, and since then I get letters in the mail offering mortgage refinancing every single day. Usually they offer some very low rates (like 1.5%), but in reality the APY was usually 6~7%. That means if I refinanced, I will owe more in mortgage every month that I pay them. This is classic deceptive practice. Even the big guys like Countrywide mortgage does this. Government should crack down on these deceptive and predatory practices.
I called these lenders and asked them how they got my mortgage information, and they said the major credit agencies sells it to them. I cannot believe the major credit bureau would do something like that. The credit bureau should get part of the blame also.
(Sent Sep 12, 2007 2:55:44 PM)
I think consumers should be able to sue for being deceptively mislead by the mortgage companies. Maybe after paying out a few huge lawsuits, the mortgage companies will be forced to walk the straight and narrow--OR--risk going out of business.
Dallas TX (Sent Sep 12, 2007 3:27:13 PM)
Day late and a dollar short. Why wasn't the FTC overseeing these ads two, three or five years ago? Why wasn't congress requiring stricter compliance from mortgage lenders?
I guess as long as everyone was making money, it was easy to look the other way. Unfortunately, it's too late now. Too many people have been hurt.
Deb, St. Pete, FL (Sent Sep 12, 2007 3:54:55 PM)
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