Rule 80-14-1-.04 - Advertising RequirementsAny advertisement of an installment loan that is subject to regulation under the Georgia Installment Loan Act ("Act") and that is made, published, disseminated or circulated in this state shall comply with the requirements set forth below.
(a) Advertisements for installment loans shall not be false, misleading, or deceptive.(b) All solicitations or advertisements, including business cards and websites, for installment loans disseminated in this state by persons required to be licensed under the Act shall contain the licensee's name, which shall conform to a name on record with the Department, and unique identifier, which shall clearly indicate that the number was issued by the Nationwide Multistate Licensing System and Registry.(c) For purposes of this Rule, "advertisement" means material used or intended to be used to induce the public to apply for an installment loan. Such term shall include any printed or published material, audio or visual material, website, or descriptive literature concerning an installment loan subject to regulation under the Act, whether disseminated by direct mail, newspaper, magazine, radio or television broadcast, electronic, billboard, or similar display. The term advertisement shall not include promotional materials containing fifteen words or fewer relating to the installment loan business of the entity which material does not contain references to a specific rate or product, such as balloons, hats, pencils or pens, and calendars.(d) Every installment lender required to be licensed shall maintain a record of samples of all of its advertisements, including commercial scripts of all radio and television broadcasts, for examination by the Department.(e) No licensee shall use any advertising in the form of a simulated check or other negotiable instrument unless such document provides in a clear and concise manner, in no smaller than twelve-point type, that it is an advertisement and not a check or a negotiable instrument. "Simulated check or other negotiable instrument" means any document that resembles but is not a check or other negotiable instrument and is used for the purpose of soliciting a customer for an installment loan.Ga. Comp. R. & Regs. R. 80-14-1-.04
O.C.G.A. §§ 7-3-10, 7-3-30(a)(3).
Original Rule entitled "Advertising Requirements" adopted. F. Aug. 19, 2020; eff. Sept. 8, 2020.Amended: F. July 7, 2022; eff. July 27, 2022.