Marketing Compliance Tips for Mortgage Email Campaigns

Marketing Compliance Tips for Mortgage Email Campaigns

Email campaigns remain one of the most effective tools for mortgage professionals to nurture leads and stay connected with past clients. But because mortgages fall under strict financial regulations, your email marketing must follow compliance rules to avoid penalties and maintain credibility.

This guide breaks down the essential compliance tips loan officers and mortgage teams should follow when running email campaigns.

Why Compliance Matters in Mortgage Email Marketing

Mortgage lending is classified as a highly regulated industry, meaning every communication with clients or prospects is subject to oversight. Non-compliant emails can lead to:

• Costly fines from regulators 
• Damage to brand trust 
• Blacklisted email domains, reducing deliverability 
• Legal liability for deceptive marketing practices 

Following compliance rules protects both your reputation and your business.

1. Understand the CAN-SPAM Act Requirements

The CAN-SPAM Act regulates commercial emails in the U.S. To stay compliant:

• Don’t use deceptive subject lines or “bait-and-switch” tactics. 
• Clearly identify your message as an advertisement (when applicable). 
• Include a valid physical business address in every email. 
• Provide a visible opt-out or unsubscribe option. 
• Honor unsubscribe requests within 10 business days. 

Mortgage professionals who ignore these basics risk both penalties and email deliverability issues.

2. Respect RESPA Guidelines in Co-Marketing Emails

The Real Estate Settlement Procedures Act (RESPA) prohibits referral fees or kickbacks between mortgage professionals and partners such as real estate agents. In email campaigns, this means:

• Disclose relationships if you co-market with agents or builders. 
• Don’t promise incentives for referrals that violate RESPA. 
• Avoid misleading “preferred partner” claims unless legally allowed. 

Always review co-branded campaigns carefully to ensure compliance.

3. Safeguard Borrower Data Under GLBA

The Gramm-Leach-Bliley Act (GLBA) requires mortgage companies to protect client information. For emails, this includes:

• Never sending sensitive borrower details (like SSNs) over unencrypted email. 
• Using secure portals or encrypted links for document transfers. 
• Including privacy policy links in marketing emails. 

Data security should be part of your compliance checklist for every campaign.

4. Use Clear Disclosures in Rate or Loan Offers

If you advertise specific loan products or rates in emails, compliance requires accurate disclosures. For example:

• Display APR alongside interest rates. 
• Clarify that “rates are subject to change.” 
• Avoid phrases like “guaranteed lowest rates.” 
• Ensure all required state or federal disclaimers are included. 

This aligns with Truth in Lending Act (TILA) rules and avoids misleading borrowers.

5. Get Proper Opt-Ins Before Adding Subscribers

Mortgage teams must ensure their email lists are compliant from the start:

• Use opt-in forms on your website or landing pages. 
• Avoid buying third-party email lists. 
• Keep records of when and how consent was given. 
• Allow subscribers to update their preferences. 

Proper opt-ins reduce spam complaints and improve long-term engagement.

6. Make Emails Accessible and ADA-Compliant

ADA accessibility applies to email design, too. Best practices include:

• Using readable font sizes and sufficient color contrast. 
• Adding alt text to images. 
• Ensuring links and buttons are keyboard-friendly. 
• Using plain-text alternatives for HTML emails. 

Accessible emails improve usability for all subscribers, including those with disabilities.

7. Monitor State-Level Privacy Laws

Beyond federal rules, state laws like the California Consumer Privacy Act (CCPA) add further obligations. These may require:

• Providing disclosure of how subscriber data is used. 
• Allowing recipients to opt out of data sharing. 
• Honoring data deletion requests. 

If you serve clients across multiple states, build policies that cover the strictest applicable laws.

8. Train Staff on Email Compliance

A compliant system only works if your team follows it. Regular training should cover:

• How to properly collect and store email consent. 
• What information can and cannot be shared. 
• How to respond to opt-out or privacy requests. 
• Spotting potential compliance red flags in email content. 

This ensures consistency across your campaigns.

9. Audit and Document Your Campaigns

Regulators may require proof of compliance. Keep detailed records of:

• Subscriber opt-in logs. 
• Copies of sent emails. 
• Disclosures included in promotional messages. 
• Any co-marketing agreements. 

Quarterly audits help catch compliance gaps before they become liabilities.

Get SEO + Compliance-Friendly Marketing With LoanSites

At LoanSites, we don’t just create stunning mortgage websites—we ensure they’re built for compliance, lead generation, and SEO performance.

Our Advanced SEO package includes:

• Weekly keyword-optimized blogs for organic visibility 
• On-page compliance support for disclaimers and disclosures 
• Google Business Profile updates with compliance in mind 
• Monthly press releases and citation building for credibility 
• Technical audits to ensure ADA accessibility and data protection 

We produce the best mortgage SEO results while keeping your marketing safe, effective, and fully compliant.

Schedule a call with us today.