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.

Back to an interactive teller machine (ITM)....do these machines use a 'live' person or is it just talking back and forth during the transaction?? I'm trying to nail down the definition of an ITM, since I don't think my bank has any.

ITMs have 2-way video conferencing with a remote teller, so there's a live human on the other end. Ours function as ITMs during the hours our call center operates, and as ATMs outside of those hours.

The FDIC is holding a series of 90-minute webinars on the new rule starting May 30 at 2:00 p.m. EDT via MS Teams.

Great! Hoping we can get the definition of an ITM ("like devices") and if a static footer on an NDIP webpage is acceptable.;)

Looking forward to the webinar. Hopefully I won't forget. I too feel like I need more information on " other like devices". If we do an ad on a marquee sign, do we use the digital one or the regular official sign?

The official digital sign is designed only for use on digital channels with which customers interact. That would not include your marquee sign. But it does include your website, online banking, mobile banking app, and ATMs and similar machines. I do hope the FDIC clarifies whether that includes ITMs. I imagine it does, since there are a lot of ATMs out there that also operate as ITMs during certain hours of the day. It just makes sense that the digital sign will be used there, too.

Hello, Question related to interpretation, please. Is the NDIP sign required on all web pages where NDIP products are promoted or literally only on those deposit taking channels, such as once the customer has logged in to online banking where deposits can be made? Excerpt below from final rule:
The FDIC is finalizing the requirement for IDIs to clearly and conspicuously display the “static” non-deposit signage on its digital deposit-taking channels. More specifically, if an IDI’s digital deposit-taking channel offers access to both deposits at the IDI and non-deposit products, the IDI must clearly and conspicuously display34 signage indicating that the non-deposit products: are not insured by the FDIC; are not deposits; and may lose value. This signage must be displayed on each IDI page relating to non-deposit products and may not be displayed in close proximity to the FDIC digital sign. The static non-deposit language described above will provide an important disclosure aimed at addressing potential customer confusion regarding the insured status of particular products offered by IDIs.

Following as well, to see if anyone has developed a policy per the requirement.

Working through this new requirement. We offer an account with death and dismemberment insurance and we provide a non-deposit disclosure and the statement is all our marketing material that advertise this product. Since the CSR offers and promotes this account can they take a deposit from the customer?

Asking about ITMs and ATMs - again! We have a mix of both at our locations. Other than the ITM locations, which accept deposits via a live, on-screen teller, NONE of the machines (ITMs that serve as ATMs after hours and plain old ATMs) accept deposits. It is my understanding that deposits made to a live person, on screen during business hours, is the same as coming into the lobby and therefore not a "digital" transaction and therefore the new Digital logo would not need to appear during the deposit. And given the machines (ITMs and ATMs) don't take deposits after hours (and without live teller interaction) would not need to worry about the digital logo either. UNLESS the bank buys a new machine after 1/1/2025! And I'm guessing would also have to accept deposits without a live teller interaction.

We've had conversations about starting to accept deposits at these machines after hours, but with fraud rampant, the bank has not made a move to start doing this. If we do in the future, we'd have to re-visit the digital logo at that time.

This is one of those "hair splitting" questions best answered by asking the FDIC. There really isn't anything in the rule -- never has been -- giving any definition of what the FDIC means by "other remote electronic facilities that receive deposits." We can take some idea of how the FDIC would view receipt of deposits by ITMs from its Q&A about whether the Official Sign has to be posted at new accounts desks if the deposits are walked over to the teller line where they are actually received and processed. With your ITMs, deposits are accepted during lobby hours only and actually received and processed by tellers, and deposits are not accepted after hours.

Perhaps if the question is put to the FDIC it might be included in its next updated of the Part 328 Q&As, which is supposed to be issued sometime this month.

Has anyone found a site where you can download the digital sign?

https://www.fdic.gov/deposit-insura...s-part-328-final-rule?source=govdelivery

2. Where can IDIs obtain downloadable versions of the digital official sign?

Answer: The FDIC has made optional versions of the official digital sign available for IDIs on FDICconnect, a secure website operated by the FDIC that FDIC-insured institutions can use to exchange information with the FDIC. The requirement to display the new FDIC official digital sign only applies to IDIs. Display of the FDIC official digital sign by any non-bank third party would improperly imply that the non-bank is FDIC-insured and would constitute a misrepresentation under part 328 subpart B.

Thank you.

Hello,

As we are working through the details of the FDIC Signage Act, we have a couple of questions that we are wondering if anyone would have experience with or have any thoughts.

• Our bank has an online dashboard that aggregates a customer’s account relationship within our bank and can also include external accounts. Once a customer has logged onto this dashboard, they are then able to SSO (single sign-on) to each online system, including our retail online banking portal that includes deposit accounts and transfer functionality. In this situation, the customer would not reach a landing or login page to access the online system where they would then be able to access their account and conduct transactions. I know there is an FAQ that states that this type of dashboard does not require the FDIC digital sign. We are wondering if it would be acceptable to not have the FDIC digital sign on the dashboard or within the online system once logged in through SSO?

• This question is in regard to the retirement division of our bank in which we administer and perform recordkeeping services for retirement plans. We provide an online system that retirement plan participants are able to use to access their retirement account, such as a 401(k) account and conduct various transactions. The question relates to how to handle signage after a participant has logged into their retirement account (most likely through SSO) and chooses to reallocate from one fund to a money market account (not a money market fund) or vice versa. This technically might not meet the ‘transfer’ requirement, but the reallocation would cause that to be the case after the fact. The question is whether we are required to present the FDIC digital sign on the page where the participant is able to make fund changes, which could potentially involve a money market account (not a money market fund) if the plan sponsor has that selected for their fund line up. Would there be a need to display the FDIC digital sign if the money market account is in the fund line up (even if no participants have dollars in it). If so, what should the display look like and where should it be placed?

I was literally writing this post when I saw yours. We also have a Personal Finance tool that is accessible once signed in to online banking and doesn't go to a separate landing page. We have no way to know what kinds of accounts a customer will link there. It's just an overview of their full financial picture and transactions cannot be performed there between accounts. I'm also curious about signage requirements there! I don't think it's required but but is it okay to include it? I believe the digital signage is consistent across every page of our website. We do not advertise any non-insured products on our website.

From ABA Banking Journal 9/27/2024:

Seven members of the House Financial Services Committee, led by Rep. Scott Fitzgerald (R-Wis.), yesterday urged the FDIC to push back the compliance date of its new signage rule by a year, saying the agency hasn’t given banks enough time to implement the necessary changes.

The FDIC last year adopted new requirements regarding the display of the official FDIC sign in banks and bank digital channels, setting a compliance deadline of Jan. 1, 2025. Earlier this year, the American Bankers Association and two banking associations urged the agency to continue to work with banks and other stakeholders to develop clarifying guidance on implementing the rule, such as FAQs, and to push back the compliance deadline to Jan. 1, 2026. In a joint letter, the lawmakers also requested that the agency move back the deadline by a year, noting that additional FDIC guidance was issued only four months before the compliance date.

“As a result of the rule, banks and service providers will need to update websites, mobile applications and ATM software,” the lawmakers said. “Given that the rule appears originally designed to provide one year for banks and service providers to implement the rule, the fact that the FDIC took almost half of that time to issue FAQs that have already been revised one, and the fact that the FDIC has yet to schedule the two promised additional webinars to provide industry with further guidance, we see a clear need to delay the compliance date until Jan. 1, 2026.”

FDIC BOARD MEETING AGENDA:

Time and Date: 10:00 AM on October 17, 2024
PLACE: This Board meeting will be open to public observation only by webcast. Visit https://www.fdic.gov/news/board-matters/video.html for a link to the webcast. FDIC Board Members and staff will participate from FDIC Headquarters, 550 17th Street, NW, Washington, DC.

Observers requiring auxiliary aids (e.g., sign language interpretation) for this meeting should email DisabilityProgram@fdic.gov to make necessary arrangements.

STATUS: Open to public observation via webcast.

MATTERS TO BE CONSIDERED: The Federal Deposit Insurance Corporation’s Board of Directors will meet to consider the following matters:

Discussion Agenda:

Briefing: Semi-annual Update on the Deposit Insurance Fund (DIF) Restoration Plan.
Summary Agenda:

No substantive discussion of the following items is anticipated. The Board will resolve these matters with a single vote unless a member of the Board of Directors requests that an item be moved to the discussion agenda.

Summary Agenda:

No substantive discussion of the following items is anticipated. The Board will resolve these matters with a single vote unless a member of the Board of Directors requests that an item be moved to the discussion agenda.

Designated Reserve Ratio for 2025.
*********Delay of Compliance Date for Subpart A Amendments to FDIC Official Sign and Advertising Rule.*********
Minutes of a Board of Directors’ Meeting Previously Distributed.

Anyone tune into the board meeting? Unless I missed it, I didn't hear any extension discussed. Did anyone hear anything about an extention?

https://www.fdic.gov/board/memorand...-fdic-official-sign-and-advertising-rule
https://www.fdic.gov/board/rin-3064...vertising-requirements-false-advertising

They extended it.