Today the FDIC posted a technical correction to the Fair Housing Act Lobby poster. Fortunately, we are in the process of updating the posters but as I am reviewing their changes vs. our current signage, I noticed that the final address (the one listed in the "If you believe you have been discriminated against..." section), that it lists the FDIC information while ours reflects the CFPB address.

We are FDIC regulated but also are under the CFPB since we are over $10 Billion in assets. I just can't remember, should it reflect the CFPB information like ours does or should it always reflect the FDIC information since the CFPB does not have authority over FHA?

If it should be the CFPB at the bottom, should the address reflected in the middle (for the FDIC) also be exchanged for the CFPB information?

I am just drawing a blank on this and appreciate the input and if you have a citation (if it should be the CFPB) that would be great too. Thank you.

The FHA did not transfer to the CFPB, and they don't have enforcement authority over FHA. FHA enforcement for state non-member banks resides with the FDIC and HUD. You can find the FDIC requirements at 12 CFR 338.4.

We are unable to replace these immediately and have ordered new signs. I noticed that they did not provide a future effective date. Did they not provide any time for bank's to make this change?

Does anyone know when the FDIC will have the updated signs available? I ordered some from the FDIC last week and when they arrived it was the old ones.

10/03/2022 at 2:56pm.

Just kidding. Call them and ask them. I also thought that is what they made blank stickers for.

Same, ordered new posters from the FDIC Wed. and the posters I received are not updated.

Oh Randy, this made me laugh....thank you

Seriously, if you're concerned about an upcoming exam, place a sticker with the new info on your existing signs. Or you can just note that the FDIC is still sending out the old signs. I'll bet you dollars to Krispy Kremes you won't be cited.

I have seen mixed answers on this so I don't know which is correct.

Do we also have to update the adverse action notices with this new address? I saw one place where it said yes, but others are saying no that part hasn't been updated yet.

Any thoughts?

Lizzy, it's in Appendix A to ECOA
https://www.bankersonline.com/regulations/12-1002-appa

I spoke with Thaddeus King (Policy Analyst, Division of Depositor and Consumer Protection) this week. He noted that there is going to be another technical update to the poster very soon (in the 4th quarter) which is why the signs have not been updated from FDIC Connect. He also noted that Banks should not be sited for non-compliance as they revise the poster.

I received this today from Bankers Compliance Consulting:

Joanne,

Last week, we put out a blog alerting you to the fact that changes had been made to the Fair Housing Poster and based on our initial read, suggested updating your Fair Housing Posters. After hearing back from many of you and your inability to obtain updated posters, we decided to reach out directly to the FDIC.

The first time, we were told that banks should just periodically check back with the FDIC and if changes to the Poster are needed, they will tell you when you contact them. We didn’t really like this answer and reached out again. The second time, we were told that there was apparently an error in the Federal Register and there really is no correction and that the Poster will not be updated. We tried a third time to try and reconcile these two answers and have not received a response. We’ve also heard from others who also contacted the FDIC and were told there may be additional changes coming and to hold off with any updates.

So, at this point in time, we are recommending a wait and see approach and will just look for future direction from the FDIC.

When I reached out to the FDIConnect folks about updated posters, I got this response:

Thank you for contacting the FDIC regarding your recent inquiry on 9/12/2022.
So far, we only have the previous posters available. We have reached out to the appropriate party with regards to the poster update, and we are awaiting a response. Once we receive a response, we will let you know.

And that's the last I heard from them. Left hand, meet right hand.

I got the same answer as mtngrrl. They gave me a case number and I have never heard back from anyone at the FDIC or their vendor, Iron Mountain.

I emailed my EIC just before Christmas with a copy of the announcement. That was the first he had seen it and he basically told me to proceed as is until additional information was released. They are due here the week of the 16th for a CRA & Compliance Exam. I intend to see if he has any additional information at that time. If he does I will post, if he doesn't then I will not.

A classic case of a bureaucratic SNAFU.

We keep checking FDIConnect for updated posters and do not see any to order. Are they no longer providing?

Us too - I keep thinking they will be there but so far, nothing.

Yes, the FDIC needs to get their act together. The San Francisco Region just issued their Quarterly Newsletter (June 2023) and stated this:

Updating Your Fair Housing Poster

In March 2020, the FDIC’s Division of Depositor and Consumer Protection consolidated the consumer and depositor
assistance functions of the Consumer Response Center (CRC) and the Deposit Insurance Section into one organization,
the National Center for Consumer and Depositor Assistance (NCDA). The FDIC officially launched the NCDA in May 2021.
As a result, the FDIC modified several regulatory appendices and one citation to reflect the new name. Specifically,
Appendix A to Part 1002, Regulation B - Federal Agencies to be Listed in Adverse Action Notices (12 CFR Appendix A to Part
1002 2.c.), Appendix A to Part 343 - Consumer Grievance Process (12 CFR Appendix A to Part 343), and Section 338.4 – Fair
housing poster (12 CFR 338.4(b)), all include the new name, National Center for Consumer and Depositor Assistance.
Due to this change, financial institutions will be required to update their Fair Housing poster. The mailing address,
phone number, and web address for the newly named NCDA remains the same as the former CRC.

Division of Depositor and Consumer Protection
National Center for Consumer and Depositor Assistance
Federal Deposit Insurance Corporation
1100 Walnut Street, Box #11
Kansas City, MO 64106
Telephone: 1-877-275-3342
https://ask.fdic.gov/fdicinformationandsupportcenter.

To request copies of posters, please refer to the FDIC's Banker Resources

The poster simply isn't there, and hasn't been for months.

Update: I wrote to my regional supervisory examiner, and just received this reply:

"We found out shortly after the newsletter was finalized that the FH posters are not yet available. The latest information that I received is that they will be available in the very near future. I can send you an email as soon as I hear they are available. Sorry for the confusion!"

I'll post here when I hear more.

In my humble opinion, the FDIC has botched this change terribly. To make it worse, their regulation does not include the address that you are supposed to include on the poster. Instead, the regulation requires you to find that address on the FDIC's website. And the link that is included in the regulation takes you to a page that does not include the address information.

FWIW I have contacted the FDIC about both the issue of the ridiculous web kink you have to use to figure out the address that's supposed to be on the poster and the repeated statements in Threads that banks have not been able to get a straight answer on whether the FDIC even provides the printed posters any more.

I am going to be out on vacation for a couple of weeks. If I get an answer from the FDIC I will post it here after I've recuperated from the vacation.

The poster is here, the poster is here!

It is now on FDICconnect. Knock yourselves out.

Just talked to the FDIC about this the other day. Thanks, Rebekah!

I'm having trouble finding them on FDIC Connect. Do you have a product title or form number that I can reference?

OMIGOSH! It is gone again!

It is usually under "For Banks Only", and appears next to the HMDA poster and Member FDIC signs.

Good grief, FDIC.