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Financial Services Law Insights and Observations

Mortgage Lead Generator Will Pay $500,000 to Settle FTC Charges about False Ads

FTC

Lending

On September 12, a mortgage refinancing lead generator, Intermundo Media, LLC (doing business as Delta Prime Refinance), agreed to pay a $500,000 civil penalty, among other things, to settle the FTC’s allegations that the company produced and distributed false advertisements that misrepresented to consumers that they could refinance their mortgages at no cost. The FTC’s complaint alleged that Intermundo’s advertisements violated the Federal Trade Commission Act, the Mortgage Acts and Practices Advertising Rule, or “MAP” Rule, and Regulation N, and the Truth in Lending Act and Regulation Z. The advertisements, which were published on the company’s own website, as well as websites such as Google, Microsoft, AOL, and Yahoo!, allegedly exaggerated the amount that consumers could reduce their payments if they refinanced their mortgages, the amount that their refinanced APR would be, and how easy it would be to qualify for refinancing. Some of the advertisements falsely claimed that there were no fees associated with the refinancing, and other advertisements claimed that fixed interest rates were available, when the rates actually were variable. As part of the settlement, Intermundo will pay a $500,000 civil penalty and will be enjoined from committing further violations and from selling, disclosing or transferring the consumer data obtained through the Delta Prime Refinance lead generation service. The complaint was filed in the U.S. District Court for the District of Colorado, and the proposed consent decree, which contains the terms of the settlement, is subject to court approval.