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Compliance Update — Insights and Highlights September 2024
Friday, September 27, 2024

Overview of FDIC Advertising of Membership

The date by which insured financial institutions are required to comply with the updated rules for advertising of FDIC membership is January 1, 2025.

As a reminder, the traditional FDIC signage is still required at each teller window, station, and any other location where insured deposits are usually or normally received. For new physical locations, the signs must be in place by the 21st calendar day of operation.

For physical premises where non-deposit products are offered, a disclosure that non-deposit products are not insured by the FDIC, are not deposits, and may lose value is required to be clearly, continuously, and conspicuously displayed but may not be displayed in close proximity to any official FDIC insured sign. Non-deposit products include, but are not limited to, insurance products, mutual funds, annuities, securities, and crypto assets. A bank may not receive deposits at any teller station or window where any noninsured institution receives deposits, not including an ATM or similar device.

If an ATM or similar device receives deposits, the traditional FDIC insured sign must be displayed on the ATM or similar device, or the FDIC official digital sign may be displayed on the home page or screen of the ATM or similar device, including on each transaction page or screen that relates to deposits. If the ATM is in service prior to January 1, 2025, the official digital sign is not a requirement, but it is required for ATMs that are put into service on or after January 1, 2025. If the ATM or other device also receives deposits for non-deposit products, the following disclosures must be clearly, continuously, and conspicuously displayed on each transaction page or screen relating to non-deposit products but notin close proximity to the FDIC official digital sign: the non-deposit products are not FDIC insured, are not deposits, and may lose value. It is important to note that a physical sign displayed on an ATM or similar device that is damaged in any way is not considered to meet the clearly, continuously, and conspicuously displayed requirement.

There are new requirements for advertising of FDIC membership on digital deposit-taking channels such as a bank’s website, banking application, or other electronic means through which deposits are accepted. The new official FDIC digital sign is required to be clearly, continuously, and conspicuously displayed on the initial homepage of the website or application, on any landing or log-in pages, and on pages where a consumer may conduct deposit transactions. An official, digital FDIC sign is required to be clearly, continuously, and conspicuously displayed, which means that it should be placed near the top of the page or screen in close proximity to the bank’s name and should not be placed in the footer. If a digital deposit-taking channel offers access to both deposits and non-deposit products, a statement that the non-deposit products are not insured by the FDIC, are not deposits, and may lose value must be continuously displayed on each page that relates to the non-deposit products and it must not be displayed in close-proximity to the deposit digital signage. If non-deposit products are offered from a non-bank third-party’s online platform and a logged-in bank customer attempts to access the non-deposit products, the bank must provide a one-time-per-web-session notification on the deposit-taking channel before the customer leaves, notifying the customer that they are leaving the bank’s website.

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