Reminder on State Specific Disclosures on Advertising Materials
IAPDA Team • 19 Jan, 2023
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Dear Debt Settlement Industry Stakeholders: As a reminder, certain states require state-specific disclosures on advertising material like direct mail pieces and unsolicited emails. Below you will find a summary of a few of the more popular states that require the disclosures and excerpts of the relevant language from the state statutes so you can read where these requirements originate from. The below is not inclusive of all states, but instead a few examples. Please note that other requirements may apply depending on the advertising, such as lending or other marketing disclosures. |
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Samples for the following states: Marketing Disclosures: (Maryland/Delaware/Utah/Colorado/Nevada/Rhode Island/Tennessee) “The use of the debt settlement services and the failure to make payments to creditors: (1) Will likely adversely affect your creditworthiness (credit rating/credit score) and make it harder to obtain credit; (2) May result in your being subject to collections or being sued by creditors or debt collectors; and (3) May increase the amount of money you owe due to the accrual of fees and interest by creditors or debt collectors. [Company’s] fees are calculated based on a percentage of the debt enrolled in the program.” (Mississippi) “[Company] is a Licensed Debt Management Service Provider.” (North Dakota) “Debt settlement services are not appropriate for everyone. Failure to pay your monthly bills in a timely manner will result in increased balances and will harm your credit rating. Not all creditors will agree to reduce principal balance, and they may pursue collection, including lawsuits.” |
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