Most mortgage brokers are doing the right thing by their clients every single day.
But when it comes to mortgage broker advertising compliance, or what you say publicly - on your website, in your emails, across your social media - is held to a standard that a lot of brokers don't realise applies to them.
And right now, that standard is under more scrutiny than ever.
ASIC is currently reviewing and updating Regulatory Guide 234 (RG 234), which sets out good practice guidance for advertising financial products and services - including credit. Both the MFAA and FBAA have recently reminded their members to review their marketing and client-facing communications as a result.
This isn't about catching brokers out. It's about making sure what you're putting out into the market is working for you, not against you.
Here's what you need to know.
Mortgage broker advertising compliance refers to the obligations brokers have under Australian law when promoting their services, including on their website, social media, email signatures, and any paid advertising.
The key framework is ASIC's Regulatory Guide 234 (RG 234), which covers advertising for financial products and credit services. Under this guide, all advertising must be clear, balanced, and accurate. Claims must be factual and substantiated. Anything that could mislead a consumer - even unintentionally - creates compliance risk.
This applies whether you hold your own Australian Credit Licence (ACL) or operate as a credit representative under an aggregator's licence. The obligation sits with you regardless.
Ruan and Marrisa break down what compliance should look like for mortgage brokers in a recent podcast episode 'The Devil is In the Details'.
Your website is often the first impression a potential client gets of your business. It's also one of the first places aggregators, lenders, and regulators look when reviewing your client-facing communications.
Here's what your website should include:
Your licensing details, clearly displayed. If you're a credit representative, the correct wording is: "[Business Name] (Credit Representative Number XXXXXX) is authorised under Australian Credit Licence Number XXXXXX." If you hold your own ACL, your licence number should be clearly visible.
A clear description of the services you provide, without overstating what you can deliver.
Any disclaimers required by your aggregator or ACL holder, check with them if you're unsure what's required.
This is where a lot of brokers inadvertently create risk, often without realising it.
Words and phrases ASIC has previously flagged or raised questions about include:
"Fastest approvals" - approval timeframes depend on lenders, not brokers. This claim is difficult to substantiate and could mislead consumers.
"Lowest rates" - rates change. What's accurate today may not be accurate tomorrow. This type of claim requires careful substantiation.
"Simple" or "easy" - the mortgage process involves complexity, regulation, and individual circumstances. Describing it as simple can create unrealistic expectations.
"Experts" - a broad claim that's difficult to substantiate and can overstate your credentials.
"100% success rate" - ASIC has specifically raised this as an example of misleading advertising, noting it could imply credit would be provided to all applicants regardless of responsible lending obligations.
"Debt-free" - if you're consolidating debt or restructuring repayments, describing the outcome as becoming debt-free is potentially misleading.
"Wide range of lenders" - if in practice you're regularly recommending from a smaller pool, this claim may not reflect reality.
The general principle: only say what you can genuinely substantiate. If a claim could create a misleading impression - even unintentionally - it's worth reviewing.
Your email signature is a client-facing communication. That means it falls under the same compliance obligations as your website and advertising.
At a minimum, your email signature should include:
Your full name and business name. Your credit representative number or ACL number. The name of the ACL holder you're authorised under (if applicable). Your contact details. Any disclaimers required by your aggregator or ACL holder.
A common issue we see is incomplete or missing licensing details in email signatures - particularly when brokers update their branding or switch aggregators and don't update their signature at the same time.
It's a small thing. But it's the kind of thing that gets noticed.
Social media is increasingly under ASIC's lens, particularly short-form content on platforms like Facebook, Instagram, and LinkedIn.
The same principles that apply to your website apply to your social media. Content must be clear, balanced, and accurate. Even well-intentioned educational content can create compliance risk if it oversimplifies, lacks context, or blurs the line between general information and a personal recommendation.
A few things worth keeping in mind:
Promotional claims need to be substantiated, the same rules that apply to your website apply to a social media post.
Testimonials and reviews should reflect genuine client experiences and shouldn't create misleading impressions about typical outcomes.
"Educational" content that touches on specific products or rates should be handled carefully, particularly if it could be interpreted as a recommendation.
If you're running paid advertising, the same compliance obligations apply as for any other marketing.
Yes, and this is one of the most common misconceptions we come across.
Operating under an aggregator's licence does not remove your personal obligation to comply with advertising standards. The obligation sits with you as the individual broker, regardless of your licensing structure.
If you're a credit representative, your aggregator may have additional requirements around what you can and can't publish, including a requirement to have marketing materials reviewed before they go live. It's worth checking your agreement and speaking with your aggregator's compliance team if you're unsure.
If you hold your own ACL, the responsibility is entirely yours, which means it's worth building regular compliance reviews into your business rhythm.
This one comes up more than you'd expect.
Describing your service as "free" can be technically inaccurate, brokers are remunerated through commissions paid by lenders. While there's no direct cost to the client, the service isn't strictly free in the broader sense.
The more accurate and compliant framing is "no cost to you" or "at no direct cost to you" - or explaining how you're remunerated transparently, which aligns with your Best Interests Duty obligations anyway.
You don't need to overhaul everything at once. But a regular review of your client-facing communications is worth building into your routine, ideally every six months.
Here's a simple starting point:
Read your website homepage as if you were a first-time visitor. Does every claim hold up? Check your email signature. Are your licensing details complete and current? Review your three most recent social media posts. Could any claim be misread or misinterpreted? If you're running social media campaigns - paid or organic - are the claims factual and substantiated?
If anything gives you pause, that's worth looking at more closely.
Compliance doesn't have to sit in a separate box from running your business. At Success & Broker, it's part of how we help brokers build businesses that last.
Our Process and Compliance Coach, Angelo Carrubba, works directly with our clients to make sure their foundations - including their client-facing communications - are built to support growth, not create risk.
If you're not sure where your business stands, that's exactly the kind of conversation worth having.
Book a discovery call with the S&B team here. For more practical insights on building a stronger, more structured broking business, explore The Broker Journal.
