IDIs may use the official advertising statement in advertisements containing information about both insured deposit products and non-deposit or hybrid products, but are required to clearly segregate the official advertising statement from any portion of the advertisement that relates to the non-deposit products.

Have it at the bottom of the page regardless of what is included on the page, I can see it as a hot button for the regulators. I think since this is new, the regulators will now be looking at this more closely.

Thanks rlcarey!

Is this really new, since we are required to keep NDIP and deposit products "clearly segregated" both physically and in advertisements?

The investment pages on the website are not a mixed advertisement (IMO), since that page is all about investments, with bank disclosures in the banner at the bottom. However, if our website is considered one big advertisement, then maybe those pages are "mixed", based on 328.3(e)(4).

I'm a little perplexed that it's so common in the market, which makes me think we're OK.

I have another question related to the new rules. Section 328.4(c) applies to ATMs and "like devices." At certain branch locations, our drive-up is separate from the physical branch building. When a customer approaches the device, the teller is live on the screen, exchanging materials (i.e. deposit slip, check, etc.) through an underground tube. Non-deposit product transactions are not offered.

Do you consider this arrangement to be an Interactive Teller Machine (ITM) and fall under the category of "like devices"?

328.4
(c) Display of FDIC official digital sign. An insured depository institution’s automated teller machine or like device that receives deposits for an insured depository institution and offers access to non-deposit products must clearly, continuously, and conspicuously display the FDIC official digital sign as described in § 328.5 on its home page or screen and on each transaction page or screen relating to deposits.

A drive thru lane that has a screen that allows the person to see the teller is not an inactive ATM.

Part of the FDIC's goal in the update is to eliminate confusion when NDIPs and DPs are included in mixed ads. I think we should be seeing a lot of changes to bank websites when those banks include mentions (ads) for NDIPs. When those products get their own pages, FDIC membership should not be mentioned on the same page, so "static footers" including "Member FDIC" won't always appear.