I was the author of that document. Primary regulatory citation is 230.8(a)(1) which states that an ad shall not be misleading or inaccurate. Secondary consideration was given to Unfair or Deceptive Acts or Practices under Section 5 of the Federal Trade Commission Act. See FDIC FIL-26-2004 for more information.
While there is not a clear-cut requirement to disclose account limitations or restrictions in an advertisement, we felt from a risk-management standpoint that it was prudent for us to include a disclaimer in the ad citing the account restrictions.
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Jim Bedsole, CRCM, CBA, CFSA, CAFP
My posts - my opinions