In consumer finance advertising, marketers face the challenge of capturing consumer eyeballs and adhering to stringent regulatory standards. Key among these are Regulation Z under the Truth in Lending Act and Regulation M under the Consumer Leasing Act, which govern the disclosure of terms in credit and leasing advertisements. A critical concept here is the “triggering terms” whose mention in advertisements mandates the inclusion of comprehensive disclosure details to protect consumers.
Understanding Triggering Terms
Regulation Z: This regulation applies to credit transactions. Triggering terms in credit advertising include specific details like down payment amounts, the number of payments, repayment periods, or the amount of any payment. Mentioning any of these requires the advertisement to also clearly disclose the Annual Percentage Rate (APR), terms of repayment, and total cost to the consumer.
Regulation M: This applies to consumer leasing advertisements. Here, triggering terms might be any mention of initial payment amounts, payment schedules, late payment penalties, among others. When these are cited, disclosures about the lease’s payment schedule, any required security deposits, and purchase options must also be presented.
The “One-Click Away” Interpretation
Recent interpretations, such as the “one-click away” rule, have slightly relaxed how these disclosures are presented, especially in the digital advertising landscape. Under this guideline, not all disclosures need to be in the main ad copy. Instead, they can be accessible via a hyperlink or another method that requires just one click to reach. However, this doesn’t reduce the requirement for disclosures to be clear and conspicuous. Advertisers must ensure that the link is obvious and that it leads directly to a page with the full required disclosures.
Compliance Pitfalls
Marketers might face compliance issues by:
- Inadequate Disclosure: Even with the one-click rule, failing to provide easy and immediate access to all necessary terms when a triggering term is mentioned can lead to non-compliance.
- Misleading Information: Providing unclear or misleading details about the terms of credit or leasing agreements.
- Ignoring Platform-Specific Rules: Platforms like Meta have their own regulations for advertising financial services, which need to be followed in addition to federal regulations.
Reviewing Compliance on Platforms Like Meta
For effective advertising on platforms like Meta, marketers should:
- Understand Platform Guidelines: Familiarize yourself with Meta’s specific rules for financial services advertisements.
- Ensure Ad Content Complies with Regulations: Double-check that the use of any triggering terms includes or links to all required disclosures.
- Use Compliance Checklists: Create and utilize checklists to review ads for compliance with both the platform’s policies and federal regulations.
- Consult Legal Experts: The complexity of financial regulations often necessitates expert advice to avoid pitfalls.
- Conduct Regular Training: Keep your marketing team updated on both regulatory changes and the specific advertising policies of platforms like Meta.
Meta has created a special ads category for credit offer advertising but it’s not clear if simple BNPL or lease offers must use this category. https://www.facebook.com/business/help/399587795372584
Summing up
In consumer goods financing marketing, thorough understanding and adherence to the rules set by Regulation Z and Regulation M are crucial. By identifying triggering terms and ensuring comprehensive disclosures—directly or via a clear, one-click link—marketers can maintain compliance, avoid legal issues, and build trust with consumers. Keeping up with both regulatory requirements and platform-specific rules is key to successful and responsible advertising.