Section 83.853 - Misleading Advertising(a) A licensee may not advertise that loans will be made at any other place other than that named on its license, except for Texas Finance Code, Chapter 342, Subchapter G loans, which may be closed at a title company or an attorney's office. Every advertisement must state or clearly indicate the identity of the licensee, and in such a manner as to prevent confusion with the name of any other unrelated licensee.(b) A licensee may not use blind loan advertisements that give only telephone numbers or addresses.(c) In determining whether any particular advertising matter violates Texas Finance Code, § RSA 341.403, the general arrangement of copy and statements or representations made will be considered to determine if the inference or impression may reasonably be drawn that the statements or representations are inaccurate, deceptive, or misleading.(d) It will be considered misleading: (1) to use phrases such as "lowest costs," "lowest rates," "quickest service," "easy payments," or "repayment in easy installments";(2) to advertise "new reduced rates" or "a new type of service" or any similar comparative expression, unless the statement is in fact accurate with respect to the business of the licensee advertised and unless the advertisement clearly indicates that the new plan refers specifically to a change in the particular licensee's plan of operation, and which change must be of more than minor importance with respect to the business of the licensee. Any such advertisement must not be used for a period longer than 60 days after the plan has been put into effect;(3) to make any statement or representation with reference to the ease of procuring a loan, the speed with which it may be effected, the freedom from credit inquiries addressed to particular sources of information, or to any other implied differentiation in policy or loan service, unless the licensee will comply with the representation made;(4) to advertise offers to borrowers on loans in general or on particular classes or types of loans during a certain limited time, unless in general practice, the licensee actually makes a reasonable number of the loans within the limited time and upon the basis of the offer; or(5) for any licensee other than a lawfully chartered banking institution to use the word "bank," or any derivative, in any advertisement wherein its use might mislead the public to believe that the licensee is an authorized banking institution or is conducting a banking business.7 Tex. Admin. Code § 83.853
The provisions of this §83.853 adopted to be effective November 9, 2006, 31 TexReg 9014; amended to be effective November 4, 2010, 35 TexReg 9698