NAC645F.600. Advertising: Requirements; restrictions.

     1. A licensee shall include his or her name, license number and street address in each advertisement that the licensee uses. The street address must be the physical address of the licensee and may not be the address of a mail processing business. An advertisement used by an associated licensee must include his or her name and license number as well as the name, address and license number of the independent licensee with whom the associated licensee is employed or associated.

     2. Each advertisement that a licensee uses in conducting business must comply with the requirements of:

     (a) NRS 598.0903 to 598.0999, inclusive, concerning deceptive trade practices; and

     (b) Any applicable federal statute or regulation concerning deceptive advertising and the advertising of interest rates.

     3. A licensee shall not use advertising material that simulates the appearance of a check or a communication from a governmental entity, or an envelope containing a check or a communication from a governmental entity, unless:

     (a) The words “THIS IS NOT A CHECK,” “NOT NEGOTIABLE” or “THIS IS NOT A GOVERNMENTAL ENTITY,” as appropriate, appear prominently on the envelope and any material that simulates the appearance of a check or a communication from a governmental entity; and

     (b) If the material simulates the appearance of a check, the material does not contain an American Bankers Association number, microencoding or any other marks intended to create the appearance that the material is a negotiable check.

     4. A licensee shall not refer to an existing lender or financial institution on any advertising material without the written consent of the lender or financial institution.

     5. Except as otherwise provided in subsection 6, an advertisement for an activity which is licensed pursuant to this chapter or chapter 645F of NRS must be separate and distinct from an advertisement for an activity which is not licensed pursuant to this chapter or chapter 645F of NRS.

     6. A licensee may advertise jointly with another person if each business is disclosed separately in the advertisement and each business incurs a pro rata share of the cost associated with the advertisement.

     7. An Internet link on a website of the licensee that links the user to the website of another commercial enterprise must provide notification to the user that the user is leaving the website of the licensee.

     8. A licensee shall not use advertising material, including, without limitation, any Internet domain name or address, that represents that it is approved by or affiliated with a governmental agency or nonprofit organization unless it is approved by or affiliated with the governmental agency or nonprofit organization.

     9. A licensee shall not advertise that he or she is licensed or certified by any entity or organization unless the licensee has such a license or certification and may only advertise services authorized by this chapter or chapter 645F of NRS.

     10. A licensee shall not use advertising material which guarantees that the homeowner will be successful in obtaining a loan modification or that the homeowner will be able to successfully avoid or stop foreclosure.

     11. For the purposes of this section, “advertising” includes commercial messages that promote the availability of products or services offered by or through the licensee. Commercial messages include, but are not limited to:

     (a) Print media;

     (b) Sales literature;

     (c) Sales brochures or flyers;

     (d) Billboards;

     (e) Yellow-page listings if more than a line listing;

     (f) Radio and television advertisements;

     (g) Mass mailings distributed by the United States Postal Service or another such delivery service or by electronic mail;

     (h) Telephone or seminar scripts; and

     (i) Websites or other Internet sites that promote services by a covered service provider, foreclosure consultant or loan modification consultant.

     (Added to NAC by Comm’r of Mortgage Lending by R052-09, eff. 8-25-2009)