Is 328.5 digital deposit taking channels applicable to business RDC too? I know the final rule contains references to consumers, but I do not see where in the final it is specified only for consumer digital deposit taking channels. Thanks!

An insured deposit is not based on consumer or business purpose.

The word "consumer(s)" is used twice in subpart A of the regulation, with no definition of the term. The first (328.3(b)) concerns the display of the official sign (the current FDIC sign) when non-deposit products are not offered on the premises. The second (328.5(g)(2)) concerns the one-time notification for bank customers related to third-party non-deposit products, where it allows you to include other info in that notice that may prevent "consumer confusion," for example that the bank customer is leaving the insured depository institution's website.

In subpart B, "consumer" appears 14 times, including in a definition that expands the normal dictionary definition to include any current or potential depositor, "including natural persons, organizations, corporate entities, and governmental bodies." But the definition applies only in subpart B.

The FDIC has a history of loose usage of "consumer" in its regulations and guidance documents, including its 2010 guidance on overdraft programs. In Part 328, its broad definition of "consumer" in subpart B should be understood to mean that it intends for the word to be broadly construed anywhere it appears in subpart B. But in subpart A, "consumer" should be understood to mean "individual."