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There’s More to FDIC’s New Advertising Rule The FDIC final rule to amend Part 328 of its regulations (FIL65-2023) became effective April 1, 2024, with a mandatory compliance date of January 1, 2025. The amendment modernizes the rules governing the use of the official FDIC signs and advertising statements, and clarifies the FDIC’s regulation regarding false advertising, misrepresentations of deposit insurance, and misuse of the FDIC’s name and logo.
With rapid advancements in banking technology and as insured depository institutions (IDIs) leverage fintech relationships, the potential for consumer confusion regarding FDIC deposit insurance coverage also increases. Although the FDIC has maintained regulatory requirements for advertising and displaying its official signage, the final rule is intended to enable consumers to better understand when they are conducting business with an IDI and when their funds are protected by the FDIC’s deposit insurance coverage. For all FDIC-insured institutions, the rule, amongst other things: • Modernizes the rules governing the display of the FDIC official sign in branches and extends the application of sign requirements to certain other physical premises; • Establishes and requires a new FDIC official digital sign on bank websites, mobile applications, and certain ATMs and other like devices; • Requires the use of signs that differentiate insured deposits from non–deposit products across banking channels and disclosures; • Requires a one–time per web session notification when a logged-in bank customer leaves the IDI’s digital deposit–taking channel to access nondeposit products on a nonbank third-party’s website; • Provides IDIs with additional flexibility for satisfying official sign and advertising statement requirements; and • Requires IDIs to establish and maintain written policies and procedures addressing compliance with FDIC’s signage rules. Don’t miss these two new requirements –a new FDIC official digital sign and written policies and procedures to ensure compliance with the rule. FDIC Official Digital Sign. Insured depository institutions will be required to display the FDIC official digital sign wherever the institution offers digital deposit-taking channels. The new signage has very specific size, color, font and placement requirements. The new official digital sign and key requirements for using it in digital media are:
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Leah Hamilton, JD
Director Education Services & Compliance Risk Advisor Sentry Advisors, LLC
Design Requirements. • Font: Source Sans Pro Web • “FDIC” must be a wordmark size of 37.36 × 15.74px in navy blue (hexadecimal color code #003256) • “FDIC-Insured—Backed by the full faith and credit of the U.S. Government” must be in regular 400 italic (12.8px) and with black (hexadecimal color code #000000) lettering
If the FDIC official digital sign in these colors would be illegible in a digital-taking channel, due to the color of the background, the entire FDIC official digital sign shall be displayed in white (hexadecimal color code #FFFFFF).
Legible, Clear and Conspicuous. The FDIC official digital sign must be clearly, continuously, and conspicuously displayed across all insured depository institution digital deposit-taking channels, including website(s), web- based or mobile applications that offer the ability to make deposits electronically and provide access to deposits at IDIs. Display on the following pages or screens is mandatory: • • •
Initial or homepage of the website or application; Landing or login pages; and Pages where the customer may transact with deposits.
NOTE: An official digital sign continuously displayed near the top of the relevant page or screen and in close proximity to the IDI’s name would be considered clear and conspicuous. Written Policies and Procedures. The final rule also requires covered institutions to establish and maintain written policies and procedures to achieve compliance with the FDIC’s official signage and advertisement requirements. Additionally, as appropriate, monitoring and evaluating activities of persons that provide deposit-related services to the IDI or offer the IDI’s deposit-related products or services to other parties must be incorporated in such policies and procedures.