Is it correct that if you have a bank logo doesn't include the bank's name, you wouldn't be required to include MEMBER FDIC on the advertising? Is there any difference in a flyer/brochure vs. a sign or billboard?

This is a strange question. Is this the Bank formerly known as Prince?

I'm new to advertising/marketing compliance but it seems strange you wouldn't have your name on a billboard, flyer, etc. In any case § 328.3(d)(5) states that if the advertisement does not set forth the name of the institution it would not be required.

That being said, I wouldn't want to make the case that your logo doesn't include your name so you don't need the disclose (as a symbol meant to be recognized by people and associated with the bank).

It doesn't take much space to just put "Member FDIC" at the bottom corner. Is your Marketing department fighting you on this?




§ 328.3 Official advertising statement requirements.

(a) Advertisement defined. The term "advertisement," as used in this part, shall mean a commercial message, in any medium, that is designed to attract public attention or patronage to a product or business.

(c) Use of official advertising statement in advertisements--(1) General requirement. Except as provided in § 328.3(d), each insured depository institution shall include the official advertising statement prescribed in § 328.3(b) in all advertisements that either promote deposit products and services or promote non-specific banking products and services offered by the institution. For purposes of this § 328.3, an advertisement promotes non-specific banking products and services if it includes the name of the insured depository institution but does not list or describe particular products or services offered by the institution. An example of such an advertisement would be, "Anytown Bank, offering a full range of banking services."

(d) Types of advertisements which do not require the official advertising statement. The following types of advertisements do not require use of the official advertising statement:

(5) Advertisements not setting forth the name of the insured depository institution;

I also wonder "What's the big deal?" What is the objection to including "Member FDIC" if you're not advertising NDIPs? Why is there so much apparent push-back? Is there someone on your board that is so down on everything Washington that even the FDIC gets his dander up? Or is it all about already having ordered 1,800 of this widget or that T-shirt without including "Member FDIC" and now someone is trying to find a way to make it all OK?

Curiouser and curiouser.

I've asked those questions too, John. You'd think you're asking them to donate a kidney. It literally takes 2 seconds to type "Member FDIC" and hundreds of times longer to try to justify not doing it. I get that Marketing wants a certain look and feel to their material, but these are advertisements, not the Mona Lisa.

Apparently I am fortunate as our Marketing Dept. is pretty easy to work with on stuff like logos and disclaimers.

"Back in the day" (why am I using that phrase so often these days?), banks used to want to include "Member FDIC" in their ads.

Guitar Dude - Your comments made me laugh! I've had the same thoughts.

This is the closest thread I find to my question. Recently, marketing came up with CU logo shirts stating "Ask us about the _____ loan." Do we need to be stating terms and conditions or have the EHL logo? The loan type would not apply to mortgages, or ever using a dwelling as collateral, but the purpose "could" be for home improvements (signature loan).

If the loan isn't housing related, there is no need for the EHL logotype. And the simple statement in this "ad" (because it is an ad, after all) doesn't trigger any need for stating terms and conditions.

For example, if you filled the blank with "signature," you would not trigger the need for the EHL logotype. But if you filled it with "home improvement," I think there's a connection with housing, and the EHL dog house should be there.

I'll paraphrase my comment from May 2017 above to add -- Most banks used to welcome the ability to include EHL in their ads. Is the logo too expensive to include on the shirts? Or is the real question whether the shirts that are already in-house should have had the logo? Don't answer that!

As a general rule, you can include the EHL logo on any loan ad whether or not it's housing related.

Thank you very much John!

The "blank" is actually a loan product from a third party vendor with "take back" rights meaning if you over pay, you can later withdraw the overpayments. You can use the program for almost any of the loans we offer except mortgages, credit cards and few other small dollar/short term loans. Since we are using the program name, it made me feel as if it was specific enough to require other advertising disclosures.

That and I really dislike the shirt idea. Although all of us should be cross-trained to sell every product we offer, this one is a bit more involved and not everybody can explain the specifics well enough.

"take back" rights meaning if you over pay, you can later withdraw the overpayments"

What the heck is this? Of course they get any overpayments back. Doesn't sound to me like a great product.

Either that or you are describing an open-end credit with a declining available balance based on some amortization schedule. Good luck in disclosing that product.

Ah, you have found what distresses me rlcarey!