Does anyone have any advice or can you direct me to guidance regarding our loan officers making contact with a customer via text messaging regarding making loan payments (i.e. past due). This would not be random, but with a customer who has given us his cell number and has indicated texting is ok. Some of our loan officers have no other way to make contact. I'm worried about disclosure issues and ways this could bite us back. Also, does the lender need to include her NMLS# in each text? Thoughts?

NMLS#, I see no reason. This is clearly after they have acted as an MLO and they aren't negotiating terms of the initial loan.

I would think of how you're going to document this collection effort, and also, I would treat it the same way you treat leaving a message on a phone. You don't know who might be on the other end of that phone, so probably best to be vague and just request they contact you.

Hope these are work-issued devices they're doing this through as well! I think it's a sticky area and would personally try to stay away from it.