Shortcomings in Regulation for Advertising of Financial Instruments

Advertisements for financial instruments such as car loans, title loans, and rental agreements create the complex problem of presenting substantial loan agreement terms while also keeping an advertisement light and inviting. There are two main types of rules concerning how these advertisers can promote their products: regulation and guidance. Regulation is the official set of laws governing what can or must be said in an advertisement. Guidance is official suggestions for proper advertising practices that are not tied to written laws. The Consumer Financial Protection Bureau (CFPB) controls regulation for the required disclosure in these advertisements and requires all material loan terms to be stated “clearly and conspicuously; however, advertisers still put important loan information in hard to see the fine print, making it difficult for the consumer to understand the advertisement. The Federal Trade Commission (FTC) is in charge of creating guidance, enforcing advertising regulation and preventing advertisements from becoming deceptive, but, due to the ambiguous nature of disclosure formatting requirements, many transgressions go uninhibited.

We conducted a survey to test consumer's perception and understanding of advertisements promoting financial instruments to see if advertisements that have run without contest from the Federal Trade Commission still have the ability to be deceptive or lack disclosure. We provided a variety of advertisements for markets such as automobiles and rent-to-own businesses. Each one of these advertisements dealt with a different financial instrument so that we could accurately test the knowledge of respondents. We collected 95 complete responses and 23 partial responses from our distribution of this survey.



Advertisements for financial instruments such as car loans, title loans, and rental agreements create the complex problem of presenting substantial loan agreement terms while also keeping an advertisement light and inviting. There are two main types of rules concerning how these advertisers can promote their products: regulation and guidance. Regulation is the official set of laws governing what can or must be said in an advertisement. Guidance is official suggestions of proper advertising practices that is not tied to written laws. The Consumer Financial Protection Bureau (CFPB) controls regulation for the required disclosure in these advertisements and requires all material loan terms to be stated “clearly and conspicuously; however, advertisers still put important loan information in hard to see fine print, making it difficult for the consumer to understand the advertisement. The Federal Trade Commission (FTC) is in charge of creating guidance, enforcing advertising regulation and preventing advertisements from becoming deceptive, but, due to the ambiguous nature of disclosure formatting requirements, many transgressions go uninhibited.

We conducted a survey to test consumer's perception and understanding of advertisements promoting financial instruments to see if advertisements that have run without contest from the Federal Trade Commission still have the ability to be deceptive or lack disclosure. We provided a variety of advertisements for markets such as automobiles and rent-to-own businesses. Each one of these advertisements dealt with a different financial instrument so that we could accurately test the knowledge of respondents. We collected 95 complete responses and 23 partial responses from our distribution of this survey.



The results show that the average consumer does not have a complete understanding of financial instruments in the context of these advertisements. These results also demonstrated that consumers are not completely comprehending the information provided to them by these advertisements. We found that in some cases, it was the way that information was provided to the consumer that was causing them to have misconceptions about the information presented. We concluded that there were enough respondents that did not correctly interpret these advertisements to support that there is some misleading and deception by these advertisements despite the lack of context by the FTC. As such, we suggest that current federal guidance be made into official regulation to further prevent these transgressions and further attempts be made to locate and prevent deceptive advertisements.