We'd like to advertise a 5 tiered money market account and have the top 3 tiers displayed more prominently than the lower 2 tiers. Anyone know that we can't do this? All I can find with regard to prominence of display has to do with the rate vs the APY. Can someone point me to any language that specifically refers to this?

Thank you!!

There is no requirement that all tiers be shown with equal prominence - only that all tiers be shown.

Section 230.8(c)(3) does require that the minimum balance required for each tier must be stated and must be stated in close proximity and with equal prominence to the applicable APY for that tier.

I have had at least one FDIC examiner interpret this to mean if your ad has big bold "5.00%APY", and this rate only applies to balances over $10,000, you've also got to have big bold "Minimum balance of $10,000" in close proximity to that big bold "5.00%APY". He said it wasn't enough to have each tier, each applicable APY, and each applicable minimum balance all in equal prominence and close proximity in the fine print.

My interpretation was that 230.8(c)(3) meant for a tiered-rate account ad that somewhere in the ad you had to have each tier, the APY for the tier, and the applicable minimum balance for the tier, all in close proximity and equal prominence. His interpretation was that it meant that anywhere in the ad where you had an APY stated for any of the tiers, you had to have the corresponding minimum balance for that APY in close proximity and equal prominence to that instance of the APY. You also had to have somewhere in the ad all of the tiers, APYs, and corresponding minimum balances.

I was unsuccessful at swaying him to my interpretation.

Thanks to you both!