AI Marketing and Fair Lending Checklist for Loan Officers

Last reviewed: November 3, 2026. General information, not legal advice. These checks summarize federal rules and one state law. Your state's advertising rules and your lender or company policies may add more. Confirm with counsel.

AI tools write ads, emails, social posts and images in seconds. The rules for mortgage advertising did not change because a tool wrote the copy. Use these 14 checks before anything AI-assisted goes out under your name.

The 14 checks

Rates and loan terms

1. Every rate and term is one you actually offer. AI tools invent plausible numbers. Regulation Z says an ad may state only terms that are actually or will be arranged or offered. Replace any AI-written rate with a current, real one, or remove it. (12 CFR 1026.24(a))
2. Any rate is shown as an APR. If the ad states a rate of finance charge, it must state it as an "annual percentage rate," using that term. (12 CFR 1026.24(c))
3. Trigger terms bring the full disclosure. If AI copy mentions a down payment, the number of payments or repayment period, a payment amount or a finance charge amount, the ad must also state the down payment, the repayment terms (including any balloon payment) and the APR. (12 CFR 1026.24(d))
4. Nothing misstates a loan term. Regulation N bars any material misrepresentation about any term of a mortgage credit product, including interest, fees, payments and taxes and insurance. Watch AI summaries that round, simplify or drop conditions. (12 CFR 1014.3)

Images, audiences and reviews

5. No AI image or logo looks like a government seal or program. Regulation N covers implied affiliation with a government entity or program, including through look-alike formats, symbols or logos. Generated images of seals, eagles or agency-style badges are a risk. (12 CFR 1014.3(n))
6. Images and words do not discourage any group. Regulation B covers spoken or written words and visual images in advertising. Check that AI-chosen photos, models and phrasing would not lead a reasonable person to believe you would deny or offer worse terms because of a protected characteristic. (12 CFR 1002.4(b))
7. Social ads run in the right ad category. Meta requires ads about financial products and services, housing and employment to run under a special ad category, which restricts some targeting options. Other platforms have similar rules. Do not try to rebuild a narrow audience with AI-chosen interests or lookalikes. (Meta Business Help Center)
8. No AI-written reviews or made-up borrowers. The FTC rule bars a business from writing or creating a consumer review that misrepresents that the reviewer exists or had experience with the business. AI personas and invented success stories fall here. (16 CFR 465.2)

Email, calls and chat

9. Email passes the CAN-SPAM basics. No false header or misleading subject line, a working opt-out that you honor, clear identification as an advertisement unless the recipient opted in, and a valid physical postal address. (15 U.S.C. 7704)
10. AI voice calls have prior express consent. The FCC confirmed that the TCPA's "artificial or prerecorded voice" restrictions cover AI-generated voices. Do not run AI voice outreach without the consent the TCPA requires, and check state calling laws too. (FCC 24-17)
11. Chat and voice AI disclose when required. If you use AI chat or voice with Utah borrowers, Utah Code 13-77-103 can require an up-front AI disclosure. See state AI laws. (Utah Code 13-77-103)
12. Your NMLS ID and company details are right. AI drafts often leave out or garble license details. Check your state's advertising rules for what must appear, such as your NMLS ID and licensed company name.

Data and sign-off

13. Borrower data stayed in approved tools. Never paste a borrower's name, numbers or file details into a personal AI account to write a social post or a follow-up email. Nonpublic personal information goes only into approved company AI tools. (GLBA and the FTC Safeguards Rule)
14. A licensed person reviewed it before it went out. Name who approves AI-written marketing, keep a copy of what was published and the date, and keep the approval on file for your advertising records.

What the rules say

"If an advertisement states a rate of finance charge, it shall state the rate as an 'annual percentage rate,' using that term."12 CFR 1026.24(c), Regulation Z

In plain English: AI copy that says 'rates as low as 5.9%' without the APR is a problem.

"For purposes of this paragraph (b), oral or written statements are spoken or written words, or visual images such as symbols, photographs, or videos."12 CFR 1002.4(b), Regulation B

In plain English: The images an AI tool picks for your ad count, not only the words.

"through the use of formats, symbols, or logos that resemble those of such entity, organization, or program"12 CFR 1014.3(n)(2), Regulation N

In plain English: Do not let an AI image generator make your ad look like a government program.

"for a business to write, create, or sell a consumer review ... that materially misrepresents, expressly or by implication: (1) That the reviewer ... exists"16 CFR 465.2(a), FTC rule on consumer reviews

In plain English: Reviews written by AI about borrowers who do not exist are prohibited.

"the TCPA's restrictions on the use of 'artificial or prerecorded voice' encompass current AI technologies that generate human voices"FCC Declaratory Ruling, FCC 24-17

In plain English: An AI voice call is treated like a prerecorded call.

A before-you-post workflow

Draft in an approved company AI tool, with no borrower data in the prompt.
Replace every number with a current, real figure from your pricing, and add the APR and trigger term disclosures.
Check images and audience settings against checks 5 to 7.
Run the full 14-point list and fix what fails.
Have the approver sign off, then save the final version with the date.

Want this in your written AI policy? See the mortgage AI policy template and the AI policy checklist. For state rules, see state AI laws that affect mortgage brokers. To find gaps across your whole program, take the AI readiness self-assessment.

Put marketing rules into your AI policy

The $99 AI Policy Starter gives you a written AI policy, a staff acknowledgment and an approved tools list, so your team knows which AI tools can touch borrower data and who signs off. Use it with the Free portal plan to track staff sign-offs for up to 10 staff.

Get the AI Policy Starter, $99 AI Policy Kit, $349 Compare kits

Frequently asked questions

Can I use ChatGPT or another AI tool to write mortgage ads?

Yes, if you check the output against the same rules as any other ad, including Regulation Z advertising rules, Regulation N and Regulation B, and keep borrower data out of unapproved tools. A licensed person should review it before it goes out.

Do AI-generated images in mortgage ads raise fair lending issues?

They can. Regulation B 12 CFR 1002.4(b) covers visual images such as symbols, photographs and videos in advertising, and Regulation N covers images or logos that suggest a government affiliation.

Are AI voice calls to borrowers allowed?

The FCC ruled in February 2024 that AI-generated voices count as "artificial or prerecorded voice" under the TCPA, so the TCPA consent rules apply. Check state calling laws too.

Can I use AI to write reviews for my mortgage business?

Not reviews that misrepresent a reviewer or their experience. The FTC rule at 16 CFR 465.2 bars a business from writing or creating consumer reviews that misrepresent that the reviewer exists or used the business.

Do I need to disclose that AI wrote my marketing?

The federal rules on this page do not require a general AI label on written ads. Utah requires AI disclosure in some consumer interactions, so check the states where you work.

AI marketing and fair lending checklist for loan officers