Title 15, Commerce and TradeRelease 119-110

§1665b Advertising of Open End Consumer Credit Plans Secured by Consumer’s Principal Dwelling

Title 15 › CHAPTER 41 — CONSUMER CREDIT PROTECTION › SUBCHAPTER I — CONSUMER CREDIT COST DISCLOSURE › Part C — Credit Advertising and Limits on Credit Card Fees › § 1665b

Last updated Sep 22, 2026|Official source

Summary

Ads that promote open‑end credit plans secured by your main home (like a home‑equity line) must show key facts clearly when they give any specific terms or payment amounts. The ad must say any loan fee that is a percent of the credit limit and give an estimate of other opening fees as one amount or a reasonable range. If periodic rates can be used to figure finance charges, the ad must give those rates as an annual percentage rate (APR). The ad must also give the highest APR that can apply and any other information the Bureau requires. If the ad says interest may be tax deductible, it must be truthful. If the loan could be bigger than the home’s fair market value and the ad is on paper or the Internet, it must say that interest on the amount above the home’s value is not tax deductible and advise the consumer to check with a tax adviser. Ads may not call such loans “free money” or use other misleading terms the Bureau bans. If the ad shows a special initial APR that is not set by the index or formula that will control later rates, it must also show, equally prominently, the current APR that would apply under that index, be reasonably up to date for the type of ad, and state how long the initial rate lasts. If the ad quotes a minimum monthly payment, it must also say if the plan has a balloon payment. Balloon payment means the borrower must repay the full outstanding balance at a set date and the required minimum payments would not fully pay off the balance by that date.

Full Legal Text

Title 15, §1665b

Commerce and Trade, Source: USLM XML via OLRC

(a)In general
If any advertisement to aid, promote, or assist, directly or indirectly, the extension of consumer credit through an open end consumer credit plan under which extensions of credit are secured by the consumer’s principal dwelling states, affirmatively or negatively, any of the specific terms of the plan, including any periodic payment amount required under such plan, such advertisement shall also clearly and conspicuously set forth the following information, in such form and manner as the Bureau may require:
(1)Loan fees and opening cost estimates
Any loan fee the amount of which is determined as a percentage of the credit limit applicable to an account under the plan and an estimate of the aggregate amount of other fees for opening the account, based on the creditor’s experience with the plan and stated as a single amount or as a reasonable range.
(2)Periodic rates
In any case in which periodic rates may be used to compute the finance charge, the periodic rates expressed as an annual percentage rate.
(3)Highest annual percentage rate
The highest annual percentage rate which may be imposed under the plan.
(4)Other information
Any other information the Bureau may by regulation require.
(b)Tax deductibility
(1)In general
If any advertisement described in subsection (a) contains a statement that any interest expense incurred with respect to the plan is or may be tax deductible, the advertisement shall not be misleading with respect to such deductibility.
(2)Credit in excess of fair market value
Each advertisement described in subsection (a) that relates to an extension of credit that may exceed the fair market value of the dwelling, and which advertisement is disseminated in paper form to the public or through the Internet, as opposed to by radio or television, shall include a clear and conspicuous statement that—
(A)the interest on the portion of the credit extension that is greater than the fair market value of the dwelling is not tax deductible for Federal income tax purposes; and
(B)the consumer should consult a tax adviser for further information regarding the deductibility of interest and charges.
(c)Certain terms prohibited
No advertisement described in subsection (a) with respect to any home equity account may refer to such loan as “free money” or use other terms determined by the Bureau by regulation to be misleading.
(d)Discounted initial rate
(1)In general
If any advertisement described in subsection (a) includes an initial annual percentage rate that is not determined by the index or formula used to make later interest rate adjustments, the advertisement shall also state with equal prominence the current annual percentage rate that would have been applied using the index or formula if such initial rate had not been offered.
(2)Quoted rate must be reasonably current
The annual percentage rate required to be disclosed under the paragraph (1) rate must be current as of a reasonable time given the media involved.
(3)Period during which initial rate is in effect
Any advertisement to which paragraph (1) applies shall also state the period of time during which the initial annual percentage rate referred to in such paragraph will be in effect.
(e)Balloon payment
If any advertisement described in subsection (a) contains a statement regarding the minimum monthly payment under the plan, the advertisement shall also disclose, if applicable, the fact that the plan includes a balloon payment.
(f)“Balloon payment” defined
For purposes of this section and section 1637a of this title, the term “balloon payment” means, with respect to any open end consumer credit plan under which extensions of credit are secured by the consumer’s principal dwelling, any repayment option under which—
(1)the account holder is required to repay the entire amount of any outstanding balance as of a specified date or at the end of a specified period of time, as determined in accordance with the terms of the agreement pursuant to which such credit is extended; and
(2)the aggregate amount of the minimum periodic payments required would not fully amortize such outstanding balance by such date or at the end of such period.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2010—Subsecs. (a), (c). Pub. L. 111–203 substituted “Bureau” for “Board” wherever appearing. 2005—Subsec. (b). Pub. L. 109–8 designated existing provisions as par. (1), inserted par. heading, and added par. (2).

Statutory Notes and Related Subsidiaries

Effective Date

of 2010 AmendmentAmendment by Pub. L. 111–203 effective on the designated transfer date, see section 1100H of Pub. L. 111–203, set out as a note under section 552a of Title 5, Government Organization and Employees.

Effective Date

of 2005 AmendmentAmendment by Pub. L. 109–8 effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under Title 11, Bankruptcy, before such

Effective Date

, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as a note under section 101 of Title 11.

Effective Date

For

Effective Date

of section, see

Effective Date

note below.

Effective Date

For provisions relating to promulgation of

Regulations

to implement amendment by Pub. L. 100–709 [enacting this section], and

Effective Date

of such amendment in connection with those

Regulations

, see section 7 of Pub. L. 100–709, set out as a note under section 1637a of this title.

Reference

Citations & Metadata

Citation

15 U.S.C. § 1665b

Title 15, Commerce and Trade

Last Updated

Sep 22, 2026

Release point: 119-110