'Member FDIC' in trust department ads

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Question:

Our bank has a trust department and they want to run an advertisement. Does "Member FDIC" need to be included in the ad? The ad will state something like, "We can help you with your Trust and Estate Planning."

Answer:

With that wording, the ad does not meet the criteria included in the FDIC's regulation at 12 C.F.R. § 328.6(c) for required use of the FDIC's official advertising statement because it promotes specific services offered by the bank that are not deposit products. For that reason, you would not need to include "Member FDIC" or any other reference to the bank's FDIC membership.